High Court · 2025

1. Mr. Sanj ay Bhat t , learned counsel for t he pet it ioner.

2. Mr. N.K. Papnoi, learned St anding Counsel for t he St at e of Ut t arakhand. t o advert isem ent

3. Pet it ioner claim s t o be a dependant of Ut t arakhand Raj ya Andolankari. He part icipat ed in a select ion for t he post of Sub- I nspect or in Ut t arakhand Police, held pursuant dat ed 29.08.2014. According t o him , he is one of t he candidat es, out of t ot al six, who qualified against t he vacancies reserved for Ut t arakhand Raj ya for dependant Andolankari. However, appoint m ent was not given t o him because of an int erim order passed by Division Bench of t his Court in WPPI L No. 67 of 2011.

4. Pet it ioner has sought t he following relief in t his writ pet it ion: - ( i) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o open t he sealed envelope pert aining t o t he result of select ion of Pet it ioner against t he post of Sub- I nspect or Civil Police pur suant t o advert isem ent dat ed 29.08.2014 and consequent ly give him benefit of sect ion 5 of t he Ut t arakhand Act No. 11 of 2023.

5. Pet it ioner cont ends t hat since St at e Legislat ure has now enact ed a law known “ The Ut t arakhand Reservat ion Governm ent Service for t he I dent ified St at e Andolankari Movem ent of t heir Dependant s Act , 2023 Ut t arakhand ‘Ut t arakhand Act No. 11 of ( in short 2024’) , which provides for reservat ion t o ident ified Andolankaries of Ut t arakhand t heir dependant s, Raj ya Andolan and t herefore, pet it ioner has a right t o be appoint ed.

6. Sect ion 5 of ext ract ed below: - t he said Act “ The select ions/ appoint m ent s of t he St at e andolankar i m ade t o different Governm ent services/ post s as per t he governm ent order issued on 11t h of August , 2004 or t hereaft er, deem ed select ions/ appoint m ent s under t his Act .” t o Learned St at e Counsel point s out 7. t hat pet it ioner filed WPSS No. 107 of 2025, seeking t he following reliefs: - ( i) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o consider claim of Pet it ioner for appoint m ent on t he post of Sub I nspect or Civil Police pursuant t o advert isem ent dat ed 29.08.2014 and 31.01.2024 and select ion of Pet it ioner against Ut t arak hand Andolankari quot a in com pliance of sect ion 5 of t he Ut t arakhand Act No. 11 of 2023. vacancies available

8. A coordinat e Bench dism issed t he said writ pet it ion, vide order dat ed 15.05.2025. Para 12 and 13 of t he said j udgm ent are ext ract ed below: - “ 1 2 . A bare reading of it m akes it clear t hat t hese t wo provisions are basically t o save such select ions and appoint m ent s, which had already been m ade. The pet it ioner has never select ed. t he pet it ioner Therefore, appoint m ent based on applicat ion of t he provisions of t he 2023 Act . appoint ed, cannot 1 3 . Therefore, t his Court does not see any reason t o m ake any int erference. Accordingly, t he writ pet it ion deserves t o be dism issed.” t hat pet it ioner Learned St at e Counsel furt her 9. t hereaft er subm it s preferred Special Appeal No. 138 of 2025, which was dism issed by Division Bench, vide j udgm ent dat ed 19.08.2025. Thus, he subm it s t hat t his subsequent writ pet it ion, for sim ilar relief, is not m aint ainable as pet it ioner has sought t he ident ical relief, but by m odulat ing t he prayer.

10. Learned counsel for t he pet it ioner subm it s t hat in t he earlier writ pet it ion, t here was no prayer for opening of seal cover.

11. Learned St at e Counsel subm it s t hat pet it ioner could have prayed for t he said relief in t he earlier writ pet it ion, m erely because he om it t ed t o seek t hat relief, anot her writ pet it ion for sim ilar relief cannot be ent ert ained and t he Principle of const ruct ive res j udicat a is at t ract ed t o t he subsequent writ pet it ion for sim ilar relief.

12. This Court finds subst ance in t he subm ission m ade by learned St at e Counsel. Aft er dism issal of earlier writ pet it ion and uncondit ional wit hdrawal of special t hereagainst , subsequent writ pet it ion for sim ilar relief would not be m aint ainable and would be barred by principle of res j udicat a and Order 2 Rule 2 CPC. appeal

13. Accordingly, dism issed. t he writ pet it ion ( M a n o j K u m a r Ti w a r i , J)

25.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL