Ruchika Bhatt v. Honble High Court of Uttarakhnad

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE ACTI NG CHI EF JUSTI CE MR. MANOJ KUMAR TI W ARI AND HON'BLE MR. JUSTI CE VI VEK BHARTI SHARMA

W RI T PETI TI ON ( S/ B) NO. 7 1 6 OF 2 0 2 4

2 7 TH NOVEMBER, 2 0 2 4

Ruchika Bhatt

…… Petitioner

Versus

High Court of Uttarakhand & others …… Respondents

Counsel for the petitioner : Mr. Shubhang Dobhal, learned counsel

Counsel for the respondents : Mr. Bhagwat Mehra, learned counsel for respondent No. 1

: Ms. Mamta Bisht, learned Deputy Advocate General for the State

: Mr. Pankaj Miglani, learned counsel for respondent No. 3

Th e Cou r t m ade t h e follow in g:

JUDGMENT: ( per Hon 'ble Th e Act in g Ch ief Ju st ice Mr . Man oj Ku m ar Tiw ar i)

By means of this writ petition, the petitioner has sought the following reliefs :

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant the petitioner appointment in pursuance to her getting 8th rank in the Uttarakhand Judicial Service Civil Judge Examination, 2022.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to publish a reserve list of the top 25% waitlisted candidates in the Uttarakhand Judicial Service Civil Judge Examination, 2022."

2)

Petitioner participated in Uttarakhand Judicial Service Civil Judge Examination, 2022. There were seven vacancies for 'General Category' out of total 16 vacancies, for which selection was held, and petitioner stood at Sl. No. 8 in the 'General Category' in the merit list.

3)

In this writ petition, petitioner contends that one candidate, who was selected against unreserved vacancy, has failed to turn up for joining, therefore, petitioner should be offered appointment against the said unfilled vacancy. 4)

Mr. Bhagwat Mehra, learned counsel appearing for respondent No. 1, on instructions, submits that the unreserved candidate, namely, Vishal Thakur has now reported for joining on 21.11.2024, as he was earlier serving as Civil Judge (Junior Division) in State of Uttar Pradesh, and on his request the joining time given to him was extended from time to time, and now since he has

reported for joining on 21.11.2024, therefore, the prayer as made in relief clause no. (i) do not survive. He submits that in relief clause no. (ii), petitioner has sought a direction to prepare a merit list in respect to the selection held for the year 2022, and since all the vacancies for which selection was held have been filled, therefore, prayer no. (ii) has become redundant.

5)

This Court finds substance in the submission made by learned counsel for respondent No. 1.

6)

In view of the above, the writ petition is dismissed as infructuous.

_________________________

MANOJ KUMAR TI W ARI , A.C.J.

_ _ _ _ _

VI VEK BHARTI SHARMA, J.

Dt: 27TH NOVEMBER, 2024 Negi

HIMA NSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bb3b60774012c1ef1d ae20d13aaf116e73351fdaf6878 326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A 80990FC51A722A6BC552D470E B4FD2F88DDF7C18DB2A1524A 4D, cn=HIMANSHU NEGI Date: 2024.12.04 10:43:19 +05'30'