PARUL SHARMA vs UTTARAKHAND PUBLIC SERVICE COMMISSION

Court
Uttarakhand High Court

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HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE ACTING CHIEF JUSTICE MR. MANOJ KUMAR TIWARI
AND
THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY
October 26, 2026

Writ Petition (S/B) No.745 of 2024

Dr. Parul Sharma ----Petitioner

Versus

Uttarakhand Public Service Commission & Ors. ----Respondents
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Presence:-
Mr. C.D. Bahuguna, learned Senior Counsel assisted by Mr. C.S. Dalakoti, learned
counsel for the petitioner.
Mr. J.C. Pande, learned Standing Counsel for the State.
Mr. Sunil Datt Joshi, Advocate holding brief of Ms. Menka Tripathi, learned counsel for
the respondent no.1.
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The Court made the following:

JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari, A.C.J.)


1. Petitioner participated in a selection held by
Uttarakhand Public Service Commission for appointment as
Assistant Professor (Geography) in Government Degree
Colleges. She filed this writ petition in 2024, seeking the
following reliefs:-
“(i) Issue a writ, order or direction, summoning the records of
proceedings of selection made on the post of Assistant Professor,
Geography; and issue a writ in the nature of mandamus declaring
that the petitioner is eligible for selection/appointment on the post
of Assistant Professor, Geography.
(ii) Issue a writ, order or direction in the nature of mandamus
commanding the respondent nos.1 and 2 to select and appoint the
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petitioner on the post of Assistant Professor, Geography with all
consequential benefits of service including continuity in service.
(iii) Issue a writ, order or direction in the nature of mandamus
declaring Rule 6.2 (A) (2) (iii) of the “Uttarakhand Public Service
Commission Exams. Results Preparation Procedure Rules, 2012
and Regulation 4(1) (iii) of the “Uttarakhand Public Service
Commission Exams. Results Preparation Regulations, 2022” as
ultra vires Article 14 and 16 of the Constitution of India.
(iv) Issue a writ, order or direction in the nature of certiorari
calling for records and quashing the reservation procedure,
contained in Rule 6.2 (A) (2) (iii) of the “Uttarakhand Public
Service Commission Exams. Results Preparation Procedure Rules,
2012 and Regulation 4 (1) (iii) of the “Uttarakhand Public Service
Commission Exams. Results Preparation Regulations, 2022”, which
was applied by the respondent Commission for making selection
on the post of Assistant Professor, Geography; and also declare
the same as arbitrary, inoperative and illegal.
(v) Issue a writ in the nature of mandamus, directing the
respondent nos.1 and 2 to apply the reservation procedure
prescribed by the Central Government in the orders dated
22.05.1989 and 01.07.1998, for making selection on the post of
Assistant Professor, Geography.
(vi) Issue a writ in the nature of mandamus declaring that the act
of the respondent Commission in extending the benefit of relaxed
standard in recruitment process to the candidates of EWS category
is wholly illegal. The act of adjusting/migrating such candidate to
the vacancies of General / unreserved category, may also be
declared as arbitrary and illegal.
(vii) Issue a writ in the nature of mandamus declaring that the
selection and appointment of the respondent nos.4 and 6 on the
post of Assistant Professor, Geography is illegal; and issue a writ
in the nature of certiorari, quashing and setting aside the selection
of the respondent nos.4 to 6 on the post of Assistant Professor,
Geography, contained in the Select list dated 13.09.2024
(Annexure -9 to this petition).
(viii) Issue a writ in the nature of mandamus declaring that entire
selection made on the post of Assistant Professor, Geography
vitiates in law due to change of criteria of selection during the
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selection process.”

2. Mr. C.D. Bahuguna, learned Senior Counsel
appearing for the petitioner, however, submits that since
petitioner was declared eligible and she in fact participated in
the selection, therefore, he has been instructed not to press
any of the reliefs as claimed in the writ petition. He submits
that the only grievance of the petitioner which remains is that
despite being selected she is not recommended for
appointment, in view of interim order dated 20.03.2024
passed in WPSB No.138 of 2022. He further submits that
WPSB No.138 of 2022 has been disposed of finally with
direction to the State Government to examine claim of the
petitioners in that writ petition for regularization, therefore,
the interim order passed in that writ petition has merged in
the final order.
3. Learned Senior Counsel further submits that there
are sufficient number of vacancies available on the post of
Assistant Professor (Geography) and only one of the
petitioners in WPSB No.138 of 2022 has claimed
regularization as Assistant Professor (Geography), therefore,
petitioner’s right is not affected in any manner by the
direction issued while disposing of the writ petition.
4. Since WPSB No.138 of 2022 has been disposed of
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finally by an order of even date, therefore, the interim order
passed in that writ petition has merged in the final order and
the same does not come in the way of Selecting Body making
recommendation in favour of the petitioner.
5. We, therefore, dispose of the writ petition with a
direction to the Secretary, Uttarakhand Public Service
Commission to include petitioner’s name in the select list, if
she is otherwise entitled for such inclusion as per her merit,
and also make appropriate recommendation to the State
Government. We hope and expect that Secretary, Uttarkhand
Public Service Commission shall pass necessary order within
six weeks from today.

_______________________________

MANOJ KUMAR TIWARI, A.C.J.




____________________________
SUBHASH UPADHYAY, J.
Dt: 26.10.2026

Rajni/KK


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