IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Recall Application No. 526 of 2008 On behalf of Sri Manoj Uniyal & 11 others In Writ Petition No. 1023 (S/S) of 2001 (Old No.24465 of 2000) Beer Bichitra Singh Pundir and another. ………… Petitioners. Versus State of U.P. and others ………... Respondents. Sri A. Kalra & Sri Paresh Tripathi, learned counsel for the applicants. Sri Rakesh Thapliyal, learned counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand /respondent Nos. 1 & 2. Sri Rajendra Dobhal, learned counsel for the respondent no. 3. Date: May 20, 2008 Hon’ble P.C. Verma, J This application has been moved by the persons, who have been affected by the compliance of order dated 24.04.2008 passed by this Court, which is reproduced as under: “Heard Sri Rakesh Thapliyal, learned counsel for the petitioners, Sri J.P. Joshi, learned Chief Standing Counsel assisted by Sri H.M. Raturi, learned Standing Counsel and Sri Rajendra Dobhal, learned counsel for the respondent No. 3. 2 Sri Harish Chandra Joshi, Secretary, Education, Government of Uttarakhand is present. On the instructions received and after scrutiny of the papers, learned Chief Standing Counsel fairly admitted that the appointment has not been made in accordance with the Rules and he assures the Court that the mistake shall be corrected within a week. List after a week. Personal appearance of the Secretary, Education is exempted.” 2. It is a settled law that no one can be prejudiced by the order of the Court. More so, in the facts and circumstances of the present case there is clear cut admission of the learned Chief Standing Counsel that appointment has not been made in accordance with the Rules and has assured the Court that the mistake should be corrected. 3. Perusal of the appointment order of the applicants shows that appointments of the applicants were conditional. Learned counsel for the applicants has submitted that they had not been heard, as they were not party in the writ petition and their appointments have been cancelled. 4. Learned counsel for the applicants placed strong reliance in case of Prabodh Verma & others Vs. State of U.P. & others (1984 (4) SCC 251) wherein the Hon’ble Apex Court has held that the petition should be thrown once the affected persons are not impleaded as 3 party. The facts and circumstances of Prabodh Verma’s case relied by the learned counsel for the applicants are entirely different to the facts of the present case. Here, in the present case, there is admission by the State Government and by the Secretary of Education Department, who was present here and has submitted that mistake would be corrected. Therefore, it is a case of correction of mistake and not to prejudice anyone in any manner. It is necessary to indicate here that the mistake committed by the State Government by giving the appointment to the applicants by mistake and mistake of the State Government was that despite there being clear cut provision in the Rules applicable at the time of selection, the applicants were not having the requisite prescribed qualification while the petitioners were having requisite qualification. Had those persons not been appointed, who had not requisite prescribed qualification, petitioners would have been selected. 5. In the case N.T. Devin Katti versus Karnataka Public Service Commission and others, (1990 (3) SCC 157) the Hon’ble Apex Court has held that selection has to be in accordance with Rules and advertisement which is published in consonance of the Rules prevalent at the time of selection and subsequent amendments cannot be taken into account. However, it is clarified that it is wrongly mentioned in the order served upon the applicants that the order has been passed in compliance of the High Court’s order rather it is passed on the admission of the State Government. The State Government had committed a mistake and they want to 4 correct it and after making correction, order has been issued. 6. For the reasons recorded above, the recall application is rejected. (P.C. Verma,J.) 20.05.2008 SKS/P.Singh