Sunil Kumar & Another vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Petitioners appeared in a selection for appointment to the post of Forest Guard. On a complaint that unfair means were adopted by the candidates in

some of the centers, result, in respect of those centers, was cancelled by the Selecting Body. Thereafter, re-examination was also held in respect of

those centers, where unfair means were adopted by the candidates.

Petitioners had appeared from such examination centers, result whereof was cancelled, however, they did not appear in re-examination. The

criminal prosecution was also lodged against the petitioners, however, the said prosecution was quashed by a Co-ordinate Bench of this Court, in view

of settlement arrived at between the complainant and the petitioners.

By means of this writ petition, petitioners have sought the following reliefs:

“(a). Issue an appropriate order, Writ or directions in the nature of Certiorari commanding & directing the Respondents to quash the Impugned

Order No.1817 dated 09-3-2021 (Annexed herewith as Annexure No.-8) & quash the subsequently issued Impugned Order No 285 dated 07-7-2021

& No. 374/2021 dated 22-7-2021 (Annexed herewith as Annexure No.-10 colly.) issued by Respondent No.-2, in the interest of justice to the

Petitioners.

(b). Issue an appropriate order, Writ or directions in the nature of Certiorari commanding & directing the Respondents to quash the Letter No. 1431

dated 21-1-2021 & Letter No.1468/2021 dated 27-1-2021 issued by the Respondent -2 (Annexed herewith as Annexure No.-7 colly.), interest of

justice to the Petitioners.

(c) Issue an appropriate order, Writ or directions in the nature Mandamus commanding and directing the respondent No.-2 to declare the results of

entire examination a fresh including the results of Petitioners and may issue an appropriate directions to issue call letters of all such qualified

candidates in order of merits to appear in Physical Tests (2nd phase of recruitment examination) to twice the numbers of candidates being recruited as

per advertised Posts of Forest Guards, in the interest of justice to the Petitioners.

(d) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding and directing the Respondents to declare the Petitioners

discharged of all the allegations after passing an appropriate Writ or order to quash all such alleged allegations of copying & using unfair mean in the

Forest Guard Examination, in the interest of justice to the Petitioners.â€​

After arguing for a while, learned counsel for the petitioners confines her prayer and submits that petitioners have made a representation on

13.07.2021, therefore, the Selecting Body may be directed to take decision on the said representation at the earliest.

Prayer made is innocuous, therefore, is worth accepting.

Accordingly, the writ petition is disposed of with a direction to Secretary, Uttarakhand Subordinate Service Selection Commission (respondent no.

2) to consider petitioners’ representation and take appropriate decision, in accordance with law, within a period of eight weeks from the date of

production of certified copy of this order alongwith copy of representation.