High Court · 2025

1. Mr. T.A. Khan, learned Senior Counsel assist ed by Mohd. Shafy, learned counsel for t he pet it ioner.

2. Mr. Raj eev Singh Bisht , Addit ional C.S.C. Ut t arakhand. learned t he St at e of is serving as Revenue 3. Pet it ioner Sub- I nspect or in Dist rict Dehradun. The next prom ot ional post available t o is Supervisor Revenue Sub- I nspect or Kanoongo; however, before prom ot ion, Revenue Sub- I nspect or has t o undergo in Pat wari Training requisit e I nst it ut e. t raining 17

4. Rule Revenue Kanungos) Service Rules, 1977 t raining, which reads as under: - of U.P. Subordinat e ( Supervisor t he procedure for select ion Execut ive “ Ru l e 1 7 ( 1 ) Pr o ce d u r e f o r se l e ct i o n - For purpose am ongst select ion perm anent Lekhpals for adm ission t o t he I nst it ut e t he following procedure shall be adopt ed: ( a) The Board shall int im at e by t he first day of March every year t he Com m issioners t he t o be nom inat ed num ber of candidat es from each division; ( b) The nom inat ions of candidat es shall, in t he first inst ance, be m ade by t he collect or t he who shall sent his nom inat ions Com m issioner t he Appendix ‘D’ by t he first day of June of t he year. t o form given ( c) The Com m issioner shall consider t he cases t he t he Lekhpals nom inat ed by of all t he Collect or, nom inat ed Collect or of t he dist rict s w it hin t he division. He shall, out of t he nam es recom m ended from his division as m any candidat es as m ay have been required by t he Board under clause ( a) of sub- rule( 1) above and shall arrange t heir nam es in order t o seniorit y. He shall send t he list of t he nom inat ed candidat es, along wit h t he Board by t he first day of July of t he year. t heir charact er rolls, t o t heir ( 2 ) The Collect or and t he Com m issioner, while t he subm it t ing Com m issioner and t he Board respect ively, shall also send a list of all t he Lekhpals, if any, who have been superseded, giving reasons for such supersession. nom inat ion t o ( 3 ) The candidat es shall finally be select ed by t he Board for adm ission t o t he I nst it ut e. I f t he Board considers it necessary t hat any or all t he candidat es on t he list received from t he Com m issioner should, before select ion, be called for int erview, it m ay call such candidat es for t he purpose.”

5. According t o pet it ioner, by virt ue of seniorit y in t he cadre of Revenue Sub- I nspect or/ Lekhpal, he is ent it led t o be t raining, however, his nom inat ed nam e has not been included in t he list of select ed candidat es even t hough j uniors t o him have been included. I t is furt her his case t hat t here is no adverse m at erial against him , for denying right t o be sent for t raining t o him . t he t his writ pet it ion, following

6. By m eans of pet it ioner has sought reliefs: ( i) To issue a writ order or direct ion in t he nat ure of cert iorari quashing prepared by t he respondent no. 2 for t he purpose of t raining of “ Revenue I nspect or ” dat ed 28.03.2025 ( Annexure no. 1 t o t he t he pet it ion) , by which pet it ioner has not been included in t he list of eligible candidat e for get t ing t raining of t he Revenue prom ot ion t o t he post of Revenue I nspect or. ( ii) To issue a writ order or direct ion in t he in ant icipat ion of t he nam e of I nspect or t he nat ure of cert iorari quashing of form at- 4 dat ed 10.09.2024 issued by t he respondent no. 3 by which respondent s have t he illegally denied t o include t he nam e of t he pet it ioner in t he list of eligible candidat es for t he purpose of t raining of Revenue I nspect or ( Annexure no. 2 t o t his pet it ion) direct ing of m andam us ( iii) To issue a writ order or direct ion in t he nat ure t he respondent s t o include t he nam e of t he pet it ioner in t he list dat ed 28.03.2025 of t he purpose of eligible candidat es t raining of Revenue I nspect or of 18 t h bat ch, which is com m encing from 0104.2025 and show his nam e before t he nam e of Mr. Kunwar Singh. The respondent s m ay furt her be direct ed t o prom ot e t he pet it ioner on t he post of Revenue I nspect or along wit h ot her candidat es whose nam es are m ent ioned in t he list of 28.03.2025. t o t he for select ion of Lekhpals Learned St at e Counsel subm it s t hat 7. as per Rule 16 of t he aforesaid Rules, crit eria I nst it ut e shall be adm ission seniorit y, subj ect t o rej ect ion of unfit . Learned St at e Counsel furt her subm it s t hat a disciplinary inquiry is in progress against t he pet it ioner, which was init iat ed t erm s of order passed by St at e I nform at ion Com m ission. however, subm ission, This 8. disput ed by learned Senior Counsel appearing for t he pet it ioner, who refers issued by Sub- t o a com m unicat ion Divisional Magist rat e, Doiwala 24.07.2024 in which it is m ent ioned t hat one Mr. Sudhir Saini – Revenue I nspect or alone was found responsible for t he lapse and warning was issued t o him and clean chit was given t o pet it ioner. t here is no clarit y on

9. Since t he point , whet her t here is any disciplinary inquiry pending against t he pet it ioner, aft er issuance of let t er dat ed 24.07.2024 by Sub- Divisional Magist rat e, Doiwala, t herefore, t he writ pet it ion is disposed of wit h a direct ion t o Dist rict Magist rat e, Dehradun t o exam ine pet it ioner ’s claim for nom inat ion and if it is found t hat alleged disciplinary proceeding, referred t o in para 5 of t he count er affidavit , has concluded and pet it ioner has been exonerat ed, t hen pet it ioner ’s nam e shall be considered for inclusion in t he list of Revenue nom inat ed t raining, as per his Seniorit y. Sub-I nspect or, ( M a n o j K u m a r Ti w a r i , J)

02.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85 f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL