Abhishek Yadav vs State Of Uttarakhand And Others

Raghvendra Singh Chauhan, CJ

Mr. Abhishek Yadav, the petitioner, has challenged the legality of the Advertisement No. 01/2021 issued by the Uttarakhand Biotechnology

Council, whereby the Council has invited applications for appointment on the post of Scientist Category ‘B’ (Engineering).

Admittedly, according to the learned counsel for the petitioner, the petitioner has never applied for the said post. Yet, the petitioner has approached

this Court for quashing the said advertisement, and for directing the respondent no. 2 to re-advertise the said posts.

In these circumstances, this Court has asked the learned counsel for the petitioner to explain the locus standi of the petitioner. The learned counsel

submits that the petitioner fulfills the eligibility requirement for the said post. But the learned counsel frankly admits that despite having the requisite

eligibility, the petitioner has not applied for the said post. He further submits that this is not a Public Interest Litigation being filed by the petitioner.

Since the petitioner is not adversely affected by the impugned advertisement, since his civil and fundamental rights are not adversely affected by the

said advertisement, the present Writ Petition is highly misplaced. For, the petitioner does not even have the requisite locus standi for challenging the

said advertisement.

For the reasons stated above, this Writ Petition is, hereby, dismissed with a cost of Rs. 5,000/- (Rupees Five Thousand Only). The said amount shall

be paid by the petitioner to the Uttarakhand High Court Advocates Welfare Fund, and the proof of payment of the said amount shall be submitted

before the Registry within a period of two weeks.