Uttarakhand Public Service Commission vs Vinod Singh Jeena & Another

Vipin Sanghi, CJ

1) The appellant Uttarakhand Public Service Commission has preferred the present special appeal against the interim order dated 27.06.2023, passed by the learned Single Judge, in Writ Petition (S/S) No. 942 of 2023.

2) The respondent / writ petitioner has preferred the aforesaid writ petition being aggrieved by the fact that the posts reserved for the disabled candidates have been reverted by the appellant after the start of the selection process, and, consequently, the rights and chances of respondent / writ petitioner of selection in the ongoing process has been adversely affected.

3) Prime facie, we fail to understand, as to how respondent No. 1 could have reverted any of the vacancies, when the requisition sent by the State is in respect of all the vacancies with the applicable reservation.

4) The next date fixed in the writ petition is 09.08.2023, and time has been granted to the appellant to file its counter-affidavit within three weeks.

5) In our view, there is absolutely no error in the impugned order by which the selection process has been stayed by the learned Single Judge, which, prima facie, appears to be completely illegal and arbitrary.

6) We, therefore, do not find any merit in this appeal. The same is, accordingly, dismissed.

7) We, however, make it clear that the observations made by us shall not come in the way of the learned Single Judge in deciding the writ petition, on its own merits.

8) Stay Application (IA No. 01 of 2023) also stands disposed of.