Reference has been m ade vs Ut t arakhand Public Service Com m ission

1. None present for t he pet it ioner. 2. Mr. Pankaj Miglani, learned counsel for t he respondent - UPSC. part icipat ed 3. Pet it ioner Ut t arakhand Judicial Services Civil Judge ( J.D.) Prelim inary Exam inat ion, 2019 conduct ed by Ut t arakhand Public Service declared Com m ission. unsuccessful Prelim inary Exam inat ion, t herefore, he filed t his writ pet it ion in 2020, seeking t he following reliefs: - He t he ( i) To issue a wr it , order or direct ion in t he nat ure of cert iorar i quashing result of t he Prelim inary Exam inat ion conduct ed by t he t he t o 1 wit h respondent advert isem ent no. A- 3/ E- 2/ CJ( JD) / 2018- 19 for t he post of Civil Judge Jr. Division ( Annexure No. 1 t o t he wr it pet it ion) regard t he no. ( ii) I t is alt ernat ively pr ayed t hat if t he Hon’ble Court is not pleased t o grant t he aforesaid relief a writ pet it ion or direct ion in t he nat ure of m andam us m ay kindly be issued declar ing t he pet it ioner and ot her candidat es t he pet it ioner prelim inar y “ passed” exam inat ion of Ut t ar akhand CI VI L JUDGE ( JD) Exam inat ion of advert isem ent no. A- 3/ E- 2/ CJ( JD) / 2018- 19 and t he respondent no. 1 be direct ed separat e Main t o t he Exam inat ion candidat es like t he pet it ioner and t hey m ay also be perm it t ed t o par t icipat e in t he process of int erview if t he pet it ioner and ot her candidat es are being declared passed t he m ain exam inat ion. t he t he pet it ioner and conduct ( iii) To issue a wr it , order or direct ion in t he nat ure of m andam us com m anding t he respondent s t o t reat t he pet it ioner as an OBC candidat e aft er clearance of t he Prelim inary Exam inat ion and while filling up t he form s of Main Exam inat ion his candidat ureship m ay be t reat ed as OBC candidat e.

4. Pet it ioner cont ends t hat he belongs t o Mom in Ansari com m unit y, which is recognised as Ot her Backward Class, t herefore, he is ent it led t o t he benefit s, which are available t o persons belonging t o Ot her Backward Classes. I t is furt her cont ended t hat answer, as given in t he answer key t o cert ain quest ions which were asked in Prelim inary Exam inat ion, were erroneous due t o which his score of m arks were reduced t o 144 out of 200, while he was ent it led t o 148 m arks out of 200 Exam inat ion. Pet it ioner has claim ed parit y wit h one Mr. I shank, who filed WPSB No. 481 of 2019 and favour cert ain direct ions were issued by coordinat e Bench of t his Court vide j udgm ent dat ed 15.09.2020. Prelim inary in whose

5. Perusal of t he j udgm ent rendered in WPSB No. 481 of 2019 reveals t hat t he Public Service Com m ission was direct ed t o consider Mr. I shank as a candidat e belonging t he t o OBC cat egory purpose of Main Exam inat ion, wit h a furt her direct ion t o part icipat e in t he int erview, as an OBC candidat e. t o perm it him t he t hat counsel Learned t he 6. Ut t arakhand Public Service Com m ission subm it s select ion process init iat ed vide advert isem ent No. A- 3/ E- 2/ CJ( JD) / 2018- 19 was concluded in t he year 2020 it self and no vacancy, which advert isem ent , is available. He furt her subm it s t hat all t he select ed candidat es were appoint ed and t hey are serving as advert ised t he Civil Judge ( J.D.) in St at e of Ut t arakhand and none of t he select ed candidat e is m ade a part y t o t he writ pet it ion. Thus, he subm it s t hat wit hout set t ing aside t he select ion and appoint m ent of t hose persons, t he reliefs, claim ed in t he writ pet it ion, cannot be grant ed. t he Learned counsel for t he Com m ission 7. t hat pet it ioner had furt her subm it s sought quashing of result of Prelim inary Exam inat ion and had sought direct ion t o t he Select ing Body t o perm it t he pet it ioner t o appear in t he separat e Main Exam inat ion. Thus, he subm it s t hat since all t he vacancies have been filled upon conclusion of select ion process, t herefore, t he reliefs, as claim ed do not survive. t he furt her subm it s Learned counsel for t he Com m ission 8. has drawn at t ent ion of t his Court t o t he pleading m ade in para 5 of t he writ pet it ion, where it is st at ed t hat pet it ioner applied against unreserved vacancy, as he was not having lat est cast e cert ificat e, while subm it t ing applicat ion. t hat aft er holding He Prelim inary Exam inat ion, answer key t o t he quest ions asked in Prelim inary t he Exam inat ion, were uploaded websit e and obj ect ions were invit ed from t he candidat es; however, pet it ioner did not subm it obj ect ion t o t he answer key. Reference has been m ade t he j udgm ent rendered by coordinat e Bench vs. Ut t arakhand Public Service Com m ission for cont ending t hat change in cat egory for seeking benefit of reservat ion cannot be accept ed and t he cat egory m ent ioned in t he applicat ion will be t reat ed as final. case of Radha Mit t al t he t o

9. I n para 11 of t he count er affidavit filed by t he Com m ission, it is st at ed t hat 17 t h int erview was Sept em ber t o 20 t h Sept em ber, 2020 and t hereaft er final result of t he select ion was declared on 22.12.2020. bet ween t he t he select ion appoint ed t herefore, in 2020 and process 10. Since t he select ed concluded candidat es relief, as t hereaft er, claim ed in t he writ pet it ion, cannot be grant ed at t his belat ed st age, t hat t oo when t he select ed candidat es are not before t his Court . Since pet it ioner did not m ent ion t hat he in his applicat ion belongs t o Ot her Backward Class and he applied against an unreserved post , t herefore, no direct ion can be issued t o t reat him OBC candidat e.

11. For t he aforesaid reasons, t he writ pet it ion fails and is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

16.06.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea 30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58 A58531726FBB0, cn=NITI RAJ SINGH ASWAL