Aruna Saini v. State of Uttarakhand and Another

Mr. Pankaj Miglani, learned counsel for respondent no.2. Coram: Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J. Hon’ble Alok Mahra, J. (Oral) Respondent No. 2/U.P.S.C. issued an advertisement dated 13.10.2023 inviting applications for 18 posts of Principal (Grade-II) in Government Industrial Training Institutes. Out of the total 18 advertised posts, 9 posts were unreserved, 5 posts were reserved for candidates belonging to the Scheduled Caste category, 1 post for Scheduled Tribe category, 2 posts for candidates belonging to the OBC category, and 1 post for candidates belonging to the Economically Weaker Section (EWS) category of the State of Uttarakhand. Further, 2 posts out of 9 unreserved posts were horizontally reserved for women candidates of Uttarakhand, and 1 post was reserved for a woman candidate belonging to the Scheduled Caste category. 2

2. As per the pleadings in the writ petition, the petitioner, belonging to the OBC category, applied pursuant to the aforesaid advertisement. She was declared successful in the screening test held on 27.06.2024, and after document verification, she appeared in the interview conducted on 26–

27.08.2025, in which she secured 53 marks. However, she could not find a place in the final select list. Being aggrieved, the petitioner has preferred the present writ petition seeking the following reliefs: “i) Issue a writ of certiorari for quashing the order dated

02.09.2025 (Annexure No. 5 to the writ petition) passed by the respondent no.2, whereby the selection result of Principal (Grade-II) in Government Industrial Training Institution has been published in utter disregard of Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 as well as the prescribed standards/norms as laid down by the Hon'ble Supreme Court in catena of judgments with regard to grant of vertical and horizontal reservations. ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to prepare a fresh select list for the post of Principal (Grade-II) in Government Industrial Training Institute, in the light of Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 as well as the prescribed standards/norms as laid down by the 3 Hon'ble Supreme Court in catena of judgments with regard to grant of vertical and horizontal reservations.”

3. Learned counsel for the petitioner submitted that although 2 posts were reserved for OBC candidates, no horizontal reservation was provided for OBC women candidates. He further contended that 30% of 2 posts equals 0.6, which, upon rounding off, ought to have been treated as 1 post, thereby entitling one OBC woman candidate of Uttarakhand to reservation under the Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022. On this basis, learned counsel for the petitioner submitted that the select list be quashed and a fresh select list be prepared by earmarking one post for an OBC woman candidate.

4. Per contra, learned counsel for respondent nos. 1 and 2 submitted that the Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 does not provide for rounding off in computation of reservation. They have further submitted that the horizontal reservation details were explicitly mentioned in the advertisement itself, and the petitioner, having gone through the same, applied without any objection. Having participated in the entire selection process including the screening test and interview, the petitioner is now precluded from challenging the process after being declared unsuccessful.

5. Heard learned counsel for the parties and perused the file. 4

6. The Hon’ble Apex Court in the case of State of Uttar Pradesh Vs. Karunesh Kumar and Others, reported in 2022 SCC OnLine SC 1706, held as under:- 59……………………………………………………………………… …………………………………………………………………………… “59. It is also a settled position that the unsuccessful candidates cannot turn back and assail the selection process. There are of course the exceptions carved out by this Court to this general rule. This position was reiterated by this Court in its judgment in Union of India v. S. Vinodh Kumar [(2007) 8 SCC 100 : (2007) 2 SCC (L&S) 792] …. The Court also referred to the judgment in Om Prakash Shukla v. Akhilesh Kumar Shukla [1986 Supp SCC 285 : 1986 SCC (L&S) 644], where it has been held specifically that when a candidate appears in the examination without protest and subsequently is found to be not successful in the examination, the question of entertaining the petition challenging such examination would not arise.”

7. It is settled legal principle that when a candidate appears in an examination without objection and subsequently found to be not successful, a challenge to the process is precluded. The question of entertaining a petition challenging an examination would not arise where a candidate has appeared and participated. He or she cannot subsequently turn around and contend that the process was unfair or that 5 there was a lacuna therein, merely because the result is not palatable. Having taken a chance of selection, the petitioner is disentitled to seek relief under Article 226 of the Constitution of India and would be deemed to have waived their right to challenge the advertisement or the procedure of selection, such a challenge is not maintainable.

8. In the present case, since the petitioner had participated in the selection process without raising any protest and challenged the same only after being declared unsuccessful, the Court finds that the petitioner, having taken a chance of selection, is estopped from questioning the validity of the process. The petition thus fails on this ground alone.

9. In view of the foregoing discussion, the writ petition is devoid of merit and is accordingly dismissed.

10. No order as to costs. (Alok Mahra, J.) 28.10.2025 BS BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28c df4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F4187 55DC00A7A13C14A680C3FA90, cn=BALWANT SINGH (Ravindra Maithani, J.)

28.10.2025