Javed Akhtar & Others vs State Of Uttarakhand & Others on 16 December, 2013

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Uttarakhand High Court

Javed Akhtar & Others vs State Of Uttarakhand & Others on 16 December, 2013

Bench: Sudhanshu Dhulia

   IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
          Writ Petition (S/S) No. 1957 of 2013

Javed Akhtar & others                                           ... Petitioners
                                           Vs

State of Uttarakhand & others                                   ... Respondents
Mr. Bhagwat Mehra, Advocate, present for the petitioners
Mr. H.M. Raturi, Standing Counsel, present for the State of Uttarakhand.

Hon'ble Sudhanshu Dhulia, J. (Oral)

The petitioner had appeared in an examination which was conducted for promotion of the Class IV employees to Class III employees i.e. Constable (M), which is a Class III post, in the Police Department.

According to the petitioners, the examination was conducted on 03.08.2013 in view of the relevant Statutory Rules i.e. Uttarakhand Subordinate Officers Clerical Grade Employees (Direct Recruitment) Rules, 2004. In view of the said rules, a candidate had to be selected on their performance in the examination. In the said examination which was conducted by the Uttarakhand Board of Technical Education some of the petitioners though higher in merit could not be selected and the candidates who have less marks have been selected as the post facto determination rules have come on 13.08.2013 whereby over and above the marks obtained in the examination two marks of each year of service rendered had to be given. Therefore, some of the candidates, who have longer length of service, have merit ahead.

The petitioners alleged that cannot be done as the rules were amended on 13.08.2013 i.e. after the examination 2 had already been conducted. The amended rules are prospective in nature and could not have retrospective effect.

In view of the above, until further orders of this Court, respondent No. 2 - Director General of Police is hereby directed not to give effect to the selection made by him as there is apparent flaw in the selection process.

Mr. H.M. Raturi, Standing Counsel has accepted notices on behalf of respondent Nos. 1 to 4.

Issue notices to respondent Nos. 5 to 16

returnable to an early date.

Steps to be taken within a week.

All the respondents shall file their counter affidavits within a period of three weeks.

List this matter after four weeks in the daily cause list.

(Sudhanshu Dhulia, J.) 16.12.2013 Aswal

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