RAJEEV SINGH KUSHWAHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Nagesh Aggarwal, learned counsel for the petitioner, Mrs. Prabha Naithani, learned Brief Holder for the State of Uttarakhand and Mr. Sagar Kothari, learned counsel holding brief of Mr. Ramji Srivastava, learned counsel for the second respondent.

(2.) The jurisdiction of this Court has been invoked by the petitioner, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the order dtd. 21/5/2019 passed by the second respondent; a writ of mandamus commanding the respondents to issue appointment letter to the post of Assistant Professor (Biochemistry) pursuant to the notification dtd. 26/9/2018, and the result dtd. 28/2/2019.

(3.) Facts, to the limited extent necessary, are that an advertisement was issued on 26/9/2018 inviting applications to the post of Assistant Professor in various Government Colleges in the State of Uttarakhand, including for the post of Assistant Professor (Biochemistry). From out of the 04 posts advertised for appointment as Assistant Professor (Biochemistry), only one post was reserved for OBC candidates. The Petitioner, a post-graduate from Bundelkhand University and a Ph.D. from NIMS University, Jaipur is presently working as an Associate Professor in Shri Guru Ram Rai Institute of Medical and Health Sciences, Dehradun, a private College. He claims that he was born on 8/7/1983 in Dehradun and completed his entire education upto Graduation from Dehradun itself, and it is only his Post Graduation Degree from Bundelkhand University, Jhansi (U.P.), and Doctorate Degree in Medical Sciences from NIMS University, Jaipur, which were from outside the State of Uttarakhand. The applicant would also submit that he, and his father before him, have been residing in Dehradun for the past several years. The petitioner was hitherto issued a caste certificate, by the Tehsildar, Dehradun in the year 1997 certifying that he belonged to 'Kushwaha' Caste, which is one of the castes listed in the Other Backward Classes category. It is the petitioner' case that the said caste was always included, in the OBC category list, both prior to, and after the creation of the State of Uttarakhand.