RUCHI KANDPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Vinay Bhatt and A.K. Arya, learned counsels for the appellant and Mr. C.S. Rawat, learned Addl. Chief Standing Counsel for the State of Uttarakhand.

(2.) A supplementary affidavit has now filed by the respondents admitted that 151 posts, which were to be included in the recruitment processes initiated pursuant to the advertisement issued on 3/1/2017, in terms of order passed by learned Single Judge in WPSS No. 2339 of 2016 dtd. 7/1/2017, have not been included. A feeble attempt is made by Mr. C.S. Rawat, learned Addl. Chief Standing Counsel, to submit that, since the requisition was sent by the Government in November, 2016/ December, 2016, prior to the order passed by learned Single Judge, the order dtd. 7/1/2017 would not apply to such requisition.

(3.) It is evident, from the order passed in WPSS No.2339 of 2016 dtd. 7/1/2017, that the learned Single Judge was aware that a requisition had already been made when he issued directions in the said writ petition. While disposing of the writ petition, learned Single Judge directed that, in the next selection process for which requisition had already been sent by the State Authorities to Uttarakhand Subordinate Service Selection Commission, 151 posts of the last selection year shall be carried forward, and shall be included among the vacant posts for which the next selection has to be made by way of direct recruitment. It is evident, therefore, that, in addition to the number of posts for which a requisition was sent, in November,2016/December, 2016, the State Government was obligated to send another requisition to fill up 151 posts along with the posts for which requisition had already been sent in November/ December, 2016.