LAWS(UTN)-2015-7-70

DHANANJAY VERMA Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On July 07, 2015
Dhananjay Verma Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) The petitioner was an applicant for the post of Assistant Engineer (Civil), pursuant to the advertisement dated 26.05.2012. He was called for the examination and the result of which was declared on 03.08.2013. He was called for the interview but in the result declared on 22.01.2014, his name did not figure among the successful candidates. In answer to his case, a judgment of this Court dated 14.08.2013, rendered in Special Appeal No.162 of 2013 (State of Uttarakhand vs. Vikrant Mishra & others) is relied on by the Public Service Commission. Since the judgment is a short judgment, we deem it appropriate to extract it:-

(2.) It is also brought to our notice by the learned counsel for the Public Service Commission that the Government of Uttarakhand took a decision to accept the said judgment and it is, accordingly, no one including the petitioner is being considered in the sports quota.

(3.) Learned counsel for the petitioner would submit that he was not a party to the said judgment. The judgment is wrong as there is authority under Article 16(1) of the Constitution of India to make horizontal reservation.