IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 58 of 2011 (S/S) Shambhu Dutt Pandey … Petitioner Vs State of Uttarakhand & Others … Respondents Mr. Anil Dabral, Advocate for the petitioner. Sri Dinesh Gehtori, Standing Counsel for State/respondents. February 3, 2011 Hon’ble Nirmal Yadav, J. This writ petition has been filed by the petitioners seeking a writ direction in the nature of mandamus to send the petitioner for training of Sub-Inspector (Rankers). 2. Heard learned Counsel for the parties and perused the materials available on record. 3. The facts, in brief, are that vide notification dated 15.3.2007, Annexure 1 to the writ petition, applications were invited from the eligible Constables, serving in the Uttarakhand Police, for their participation in the selection process of Sub Inspectors (Rankers) Examination, 2007-08. The petitioner participated in the same and was declared successful and was placed in the Waiting List. Three candidates, who were declared unsuccessful in the Preliminary Test, filed a writ petition bearing no. 575/2008 (S/S) and they were permitted to participate in the further selection process. However, that writ petition was dismissed vide judgment and order dated 25.4.2010 and Special Appeal preferred against it was also dismissed. 4. Now, the petitioner’s case is that because of the interim order passed by this Court in the aforesaid writ petition, the petitioner was illegally restrained and was not sent for the said training. It is further submitted that two other candidates, namely, Basant Ballabh and Pitamber Bhatt, who were placed below the petitioner in the list, filed writ petition no. 1111/2010 (S/S), which was allowed and the respondents were directed to send those writ petitioners on training of Sub Inspector and to consider them for promotion to the post of Sub Inspector. Since the petitioner was placed above those candidates, he is also entitled to the same relief. The petitioner has also qualified all the four stages of selection and was declared successful, but he was not sent for the said training due to the aforesaid interim order passed by this Court. 4. Taking into consideration that the petitioner was not at fault and could not be sent for training due to the aforesaid interim order passed by this Court and the persons junior to him have also been sent for the training, the petitioner is also entitled to be sent for the training of Sub Inspector (Rankers). 5. Accordingly, the writ petition is allowed. Respondent no. 3 is directed to immediately send the petitioner on training of Sub Inspector (Rankers) and after completion of his training, he shall be considered for promotion to the post of Sub Inspector, which was notified in the year 2007-08. (Nirmal Yadav, J.) Vacation Judge 3.2.2011 Prabodh