Girish Chandra Joshi vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

Heard learned counsel for the parties.

This writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-

(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 05.01.2015 passed by respondent no.3 (Annexure No.-6 to this writ petition) as far as it relates to the respondent nos.3 to 8.

(ii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no.2 to promote the petitioner to the post of Executive Engineer without passing the professional examination, as respondent no.2 has failed to conduct the professional examination since the year 2014, as juniors to the petitioner have already been promoted.

In the course of hearing, the learned counsel for the petitioner submits that he does not want to press the prayer no.1. Hence, the prayer no.1 is considered as not pressed.

So far as consideration of the petitioner’s promotion to the post of Executive Engineer is concerned, learned counsel for the opposite party submits that he has not passed professional examination, which was conducted in the year 2015. However, as per the rules, such examination should be conducted twice a year.

The prayer of the petitioner to promote him without passing professional examination, which has been allegedly done in cases of the private respondents cannot be allowed as there in no equality in illegality.

Therefore, we dispose of the instant writ-petition directing the respondent nos.1 and 2 to conduct the professional examination within a period of two months allowing the writ-petitioner to sit in the examination and after one month the result should be declared. If the petitioner becomes successful in the examination, his case for promotion shall be considered by the respondents within a period of 15 days thereafter.