Nikhil Sharma vs Uttarakhand Public Service Commission

Ramesh Chandra Khulbe, J

Heard.

By means of this writ petition, petitioner has prayed to issue a writ in the nature of mandamus commanding the respondent to consider the candidature of petitioner in the further stages of examination of the Uttarakhand Provincial Services, 2021.

In pursuance to the advertisement dated 10.08.2021 for the Provincial Civil Services examination, petitioner applied for and appeared in the Preliminary Examination held on 3.4.2022. As per the order issued by the respondent-Commission, petitioner cleared the Preliminary examination. The petitioner is presently serving as a Transport Tax Officer and he was posted in a remote area of District Nainital. On 19.06.2022, when the petitioner had accessed to the laptop and was re-visiting the website of the Commission, he found that the last date of submission fee for appearing in the Mains Examination was 18.06.2022.

It is submitted by learned counsel for the writ petitioner that a Division Bench of this Court had allowed similar petitions directing the respondent-Commission to issue necessary Hall Ticket and permit him to appear in the examination. It is also argued that the petitioner was deputed at Kainchi Dham Mela for law and order on 15.6.2022, and further deputed at Dhanachuli-Okhalkanda on 17.6.2022 and 18.6.2022 which are the remote areas of District Nainital. Accordingly, he could not access the laptop.

In WPSB No.178 of 2020 (Vibhu v. U.K. Public Service Commission) vide judgment dated 23rd March, 2022, a Co-ordinate Bench of this Court (in which one of us Justice R.C. Khulbe was a Member) had permitted the applicant to appear in the Mains Examination.

The Hon’ble Apex Court in Special Leave to Appeal (C) No.29799 of 2019 has also passed an ad-interim order in a similar matter. Therefore, keeping in view the spirit of the order passed by the Hon’ble Supreme Court, we consider that if the petitioner has qualified the Preliminary examination, and on some technical grounds, his application was rejected by the Commission, denying him a chance to appear in the Mains Examination, then in the interest of justice and also in the interest of competition, the respondent- Commission should be, and is accordingly, directed as under: -

(a) The petitioner shall submit the requisite fee and the concerned Application Form within three days from today;

(b) If the requisite Form is filled and fee is deposited within the stipulated time, the Uttarakhand Public Service Commission shall accept the Form/Fee and accept the candidature of the petitioner for the Mains Examination;

(c) Uttarakhand Public Service Commission shall issue the petitioner the Examination Hall Ticket and it shall also permit him to appear in the Mains Examination.

The writ petition is allowed accordingly.

Pending application, if any, also stands disposed of accordingly.