Uttarakhand High Court
WPSS/254/2024 on 23 February, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPSS No. 254 of 2024
Hon'ble Pankaj Purohit, J.
Mr. D.S. Patni, learned senior counsel assisted by Mr. Dharmendra Barthwal, learned counsel for the petitioner.
2. Mr. Narain Dutt, Brief Holder for the State.
3. Mr. Nitin Tiwari, learned counsel, holding brief of Mr. C.K. Sharma, learned counsel for respondent no.2-Uttarakhand Subordinate Service Selection Commission.
4. By means of this writ petition, petitioner has challenged the impugned Provisional Recommendation List of candidates (Annexure No.6 to the writ petition) to the extent of exclusion of his name in the Technical Education Department for Workshop Instructor (Mechanical) and to the extent of inclusion of the name of respondent no. 3 to Technical Education for Workshop Instructor (Mechanical).
5. It is the case of the petitioner that he participated in the selection process which was ensued pursuant to advertisement dated 05.10.2021, whereby, the applications for 109 posts of Workshop Instructor (Mechanical) in Technical Education Department, 5 post of Instructor Fitter (Janjati Kalyan) and 13 posts of Assistant Boring Technician, were invited.
6. Petitioner, while submitting his online application, applied for Workshop Instructor (Mechanical), Instructor Fitter (Janjati Kalyan) and Assistant Boring Technician and Technical Assistant UREDA under the ST category. He has given his preferences in detail and his first preference was given as 2 Workshop Instructor (Mechanical) in Technical Education Department. He succeeded in the selection process and his name found place in the Provisional Recommendation List of candidates at S.No.6, while the name of private respondent- Sunil Singh Tomar was found place at S.No.2. From the said list, it is explicitly clear that the petitioner was recommended in Technical Education Department according to his first preference, while the private respondent was recommended in the Tribal Welfare according to his preference.
7. It is submitted by learned counsel for the petitioner that the respondent- Commission cannot trifle with the preference given by the candidates, as is reflected from Clause-5 of the notification dated 17.04.2023 (Annexure No.3 to the writ petition), wherein, it is clearly stated that it is compulsory for the candidates to give online preference and once, the online preference is given, it cannot be amended or changed under any condition.
8. Clause-5 of the aforesaid notification dated 17.04.2023 is reproduced below:
"5. vH;fFkZ;ksa ds }kjk vkWuykbZu izkFkfedrk (preference) Hkjuk vfuok;Z gSA vkWuykbZu fodYi Hkjus gsrq ;wtj vkbZ0Mh0&vH;FkhZ dk vuqØekad ,oa ikloMZ&tUe frfFk gksxhA vkWuykbZu Hkjs x;s fodYiksa dks lcfeV djus ds ckn nks izfr;ksa esa fizUV fudkyuk gSA ,d izfr gLrk{kj lfgr vius vfHkys[k lR;kiu dh frfFk dks vk;ksx dks miyC/k djkuk vfuok;Z gSA fodYi@ojh;rk ,d ckj lcfeV gksus ds ckn fdlh Hkh n"kk esa la"kksf/kr@ifjorZu fd;k tkuk lEHko ugha gksxkA"
9. It is submitted by learned senior counsel that on application/representation moved by the private respondent, his preference has been changed vide letter dated 10.11.2023 (Annexure No.6 to the writ petition) and due to the change in preference to Technical Education Department, a new 3 Provisional Recommendation List was published, in which the name of the petitioner was found missing. Due to the change in the preference, the petitioner has been deprived of his right for appointment as Workshop Instructor (Mechanical) in Technical Education Department.
10. Learned counsel for Commission- respondent no.2 prays for and is granted six weeks' time to file counter affidavit.
11. Issue notice to respondent no.3 returnable within four weeks.
12. Steps to be taken within a week.
13. List on 26.06.2024.
14. Till the next date of listing, the impugned Provisional Recommendation List of the Workshop Instructor (Mechanical) (Annexure No.6 to the writ petition) shall not be given effect to the extent of the name of the private respondent no.3.
15. Stay Application (IA/1/2024) would stand disposed of accordingly.
(Pankaj Purohit, J.) 23.02.2024 Ujjwal