Mamta Devi vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioner has preferred the present writ petition to seek a direction to respondent Nos. 2 and 3 to permit the petitioner to submit the fee for main examination, and for issuance of the admit-card in favour of the petitioner.

The petitioner had participated in the Uttarakhand Combined State Civil / Upper Subordinate Services (Preliminary) Examination-2021 in response to the advertisement dated 10.08.2021 issued by the respondent- Uttarakhand Public Service Commission inviting applications to fill-up various posts. Her case is that she has secured marks more than the cut-off marks fixed by the respondents. She was interested in offering her candidature for the post of Assistant Director (Sanskrit Education Department), for which forty-one vacancies were advertised. The case of the petitioner is that after the preliminary examination, on 03.06.2021, the respondent-Commission issued advertisement calling upon the successful candidates for submitting fee for final / main examination. The fee could be deposited for the main examination between 04.06.2022 to 18.06.2022. Further case of the petitioner is that on 30.05.2022, the petitioner was appointed as an Observer for SSE(X)/SSCE (XII) Term-II Board Examination 2021-22 to be held at Hermitage Academy, Kotdwar from 30.05.2022 till 07.06.2022. After she rendered her service for the said assignment, she became very unwell and was suffering from frequent vomiting, pain in abdomen, loose stool, bodyache, blurring of vision, etc., and she had to rush to Government Health Centre, Satpuri, Pauri Garhwal on 08.06.2022. After keeping the petitioner under observation, she was referred to higher health centre for proper investigation and medication on 14.06.2022. Between 15.06.2022 to 19.06.2022, the petitioner was admitted at the Hans Foundation General Hospital, Satpuli, Pauri Garhwal. Despite treating the petitioner at the said Hospital, the health of the petitioner could not improve. She, thereafter, proceeded to Dehradun on 24.06.2022. She visited Doctor V.S. Chauhan (Diagnostic) at Gandhi Shatabdi Coronation Hospital at Dehradun, where she was advised to undergo several pathological and radiological tests. After recovering from her illness, when she returned to her home, she was dismayed to learn that the time for deposit of fee for the final examination was already over on 18.06.2022.

In the aforesaid background, the petitioner has preferred the present writ petition.

Mr. Ashish Joshi, the learned counsel for the Uttarakhand Public Service Commission, had sought time when the matter was listed yesterday. Since we asked him, whether the petitioner could be permitted to deposit fee to participate in the main examination, which is scheduled to be held in between 20th August, 2022 and 23rd August, 2022, the learned counsel for the Commission, states that all arrangements for conduct of the said main examination are already over. Even the question-papers have been sent for publication, and the examination centres of the candidates, who had qualified in the preliminary-3 examination, have already been fixed. He submits that the respondents may be able to accommodate the petitioner, who has approached this Court. However, he submits that there are 295 such cases, where the candidates, who qualified in the preliminary examination, did not deposit their fee for the main examination. He further submits that it may not be possible for the respondents to, at this stage, accommodate all such candidates, even if they were to approach for similar relief.

Keeping in view the facts of the present case, which are evident from the documents placed on record by the petitioner, from which it is evident that the petitioner was, indeed, taken unwell and was undergoing her treatment at the relevant point of time, as also, the fact that the respondent-Commission can accommodate the petitioner at this stage, we dispose of this petition by directing the respondent-Commission to permit the petitioner to deposit the fee within one day from today. If the petitioner deposits the same, her candidature for the main examination shall be considered, and she shall be issued the admit-card.

We, however, make it clear that in the light of the aforesaid facts and circumstances, this order shall not constitute a binding precedent.

Let certified copy of this order be issued to the parties, on payment of the prescribed charges, today itself.

In sequel thereto, pending application, if any, stands disposed of.