Uttaranchal High Court: The Division Bench of Sanjaya Kumar Mishra, CJ. and Ramesh Chandra Khulbe, J. allowed a petition which was filed by an aspirant seeking a direction to respondents to allow the petitioner to appear for the mains examination of the Assistant Conservator of Forest.

The petitioner had applied for the post of Assistant Conservator of Forest, and in pursuance of the application, she was allowed to appear in the preliminary examination. Subsequently, she qualified the preliminary examination. As per the requirement of the advertisement, the petitioner was supposed to deposit the requisite fee and documents for the main examination by 01-02-2020.

The Uttarakhand Public Service Commission (the Commission) had issued two advertisements and keeping in mind the second one the Court had passed an order directing the petitioner to provisionally appear in the mains however it was directed that result of the petitioner shall be declared only after seeking a prior permission of this Court. Result of the petitioner was filed in this Court in a sealed cover, and this Court recorded that the petitioner had passed the main examination as per the result produced by the respondent-Commission.

Counsel for the petitioner submitted that appropriate directions may be given to the Commission to publish the result and proceed with the process of selection.

The Court was of the view that if the petitioner had qualified the preliminary examination, and on some technical ground her application was rejected by the Commission, and denied her the chance to appear in the main examination, and by virtue of the order passed by this Court in the interim, as quoted above, she has appeared in the examination, and has come out successful, then in the interest of justice and also in the interest of competition, the result should be declared by the Commission considering the decision dated 17-12-2019 of the Supreme Court in Petition for Special Leave to Appeal (C) No. 29799 of 2019.

Writ petition was allowed with the direction that the respondent-Commission shall declare the result of the recruitment process, as early as possible, treating the petitioner to be a qualified candidate to sit in the main examination, and proceed further with the same, and complete the same within a reasonable time.[Vibhu v. Uttarakhand Public Service Commission, Writ Petition (S/B) No. 178 of 2020, decided on 23-03-2022]

Counsel for the petitioner: Mr Abhijay Negi

Counsel for the respondent: Mr B.D. Kandpal

Suchita Shukla, Editorial Assistant has reported this brief.

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