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Judgment
(per Manoj Kumar Tiwari, A.C.J.)
Petitioner participated in a selection held by Uttarakhand Public Service Commission for the post of Assistant Professor (Botany). He was declared successful and his name figured in the select list published by the Commission on 20.01.2025, however, subsequently, another select list was issued by the Commission on 13.02.2025 and petitioner’s name did not figure in that select list. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:-
“i.Issue a writ, order or direction in the nature of certiorari as to quash the selection result dated 13.02.2025 (Annexure No.1) and to upholding the earlier selection result dated 20.01.2025 (Annexure No. 8) published by the respondent no.2 Uttarakhand Public Service Commission in pursuance to the advertisement dated 04.12.2021 (Annexure No. 2) and the petitioner be declared as a successful candidate on the post of Assistant Professor Botany in the State Government Degree College.
ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to issue an appointment letter pursuant to the earlier selection result dated 20.01.2025.”
Learned counsel for the petitioner submits that the sole reason for removing petitioner’s name from the select list dated 20.01.2025 is an interim order passed in WPSB No.138 of 2022 on 20.03.2024. He submits that the said writ petition has been disposed of finally with certain directions to the State Government and the interim order has merged in the final order.
Learned counsel for the petitioner further submits that there is only one person, who is party in WPSB No.138 of 2022, who is claiming regularisation on the post of Assistant Professor (Botany) and there is one vacancy available on the post of Assistant Professor (Botany). Thus, he submits that the reason for removing petitioner’s name from revised select list is unsustainable for the reason that a regularly selected candidate cannot be made to wait till the claim for regularisation of Guest Teacher is considered. He further submits that a person who is selected in an open selection has a better right of appointment compared to the one who is claiming regularisation.
Since petitioner is a duly selected candidate and his name was dropped from the select list due to the interim order passed in WPSB No. 138 of 2022, and having regard to the fact that WPSB No. 138 of 2022 has been disposed of finally by an order of even date, we dispose of this writ petition with a direction to the Secretary, Uttarakhand Public Service Commission to examine the issue and pass necessary order for recommending the case of the petitioner for appointment, if he is entitled to be recommended as per merit. We hope and expect that such order shall be passed within six weeks from today.