Uttarakhand HC Directs PSC To Recommend Geography Candidate If Her Merit Warrants Inclusion, As Related Case’s Interim Order No Longer Blocks It

The petitioner participated in the Uttarakhand Public Service Commission’s selection for Assistant Professor (Geography).

Although her writ petition initially sought several forms of relief concerning the selection process, her counsel stated that those claims were not pressed; the remaining grievance was that she had not been recommended for appointment because of an interim order in WPSB No. 138 of 2022.

That earlier petition was disposed of on the same date, with a direction to the State Government to examine the petitioners’ claims for regularization.

The petitioner contended that the interim order had therefore merged into the final order and that sufficient vacancies remained.

The Court applied the principle that an interim order merges into the final order when the proceeding in which it was made is finally disposed of; accordingly, the interim order no longer independently governs the parties after disposal.

The Court also made any direction for inclusion in the select list conditional on the petitioner being entitled to inclusion according to her merit.

No statute or precedent was cited.

WPSB No. 138 of 2022 had been disposed of by a final order on the same date.

The Court therefore held that the interim order in that proceeding had merged into the final order and no longer prevented the Commission from making a recommendation in the petitioner’s favour.

Because entitlement to selection remained dependent on merit, the Court directed inclusion only if the petitioner was otherwise entitled to it.

The Secretary was expected to pass the necessary order within six weeks.