Dinesh Singh Negi vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—This writ petition had been filed today itself. A request was made by learned Counsel for the Petitioner that the matter be taken up today itself as by tomorrow, the writ petition may become infructuous as the last date of accepting application form is 31.12.2010. The prayer of the Petitioner is that his application form be accepted. The counsel states that time is running out for the Petitioner.

In view of the statement given by learned Counsel for the Petitioner, the file was called from the Registry.

Heard Mr. P. C. Bisht, Advocate, present for the Petitioner and Mr. Dinesh Gahtori, Standing Counsel present for the state.

Petitioner has moved an application form for recruitment to the post of constable for District Dehradun against an advertisement dated 22nd November, 2010 issued by the Police Headquarter, Dehradun. He has filed this writ petition stating that the last date of accepting application forms is 31st December, 2010 and his application form will not be accepted as he has not done High School from the Uttarakhand Board of School Education, but has done equivalent qualification, which is "Adhikari Pariksha". He further contends that such a certificate, which is done prior to the year 2007, is liable to be recognised as equivalent to High School.

Learned Counsel for the Petitioner has relied upon a judgment dated 3.12.2007 passed by learned single judge of this Court in Writ Petition No. 1945 of 2007(MS), wherein it was observed that the examinations of Adhikari are only cancelled in the year 2007, therefore, in other words, such a qualification, if obtained prior to 2007, would remain unaffected. In other words, Petitioner contends that the refusal of the Respondents even to entertain the application form is totally unjustified. The counsel for the Petitioner contends that he has been informed from reliable sources that for the reasons stated above, his application form will not even be considered.

Without expressing any view as to final merits of the case and as a purely provisional direction, it is directed that the Inspector General of Police (Recruitment) Uttarakhand Police Headquarters, Dehradun shall not reject the application form of Petitioner merely on the ground that the Petitioner has done Adhikari Examination and not passed a regular High School.

Learned Counsel for the State prays for and is granted three weeks time to file counter affidavit.

List this matter after winter vacations.