IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 133 of 2011 Arun Kumar Saini ….…… Appellant Versus The State of Uttarakhand and others ……….Respondents Mr. H.S. Sharma, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for the State / respondent Nos. 1 and 2. Mr. Rajendra Dobhal, Senior Advocate with Manoj Sah, Advocate for respondent No. 3. Date of Judgment: 05.07.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) An advertisement, published for recruitment to the posts of Assistant Accountant, was responded by the appellant. While responding the said advertisement, appellant held out himself to be belonging to general category. Appellant, however, contends that he is a member of Other Backward Community. He contends that Tehsildar concerned has unjustly refused to acknowledge the same, which has forced him to file a writ petition, which is still pending. In the meantime, appellant appeared at the written examination conducted for selecting Assistant Accountants from amongst those who responded to the said advertisement. Appellant sat at the said examination and at that time, held out that he belongs to general category. The result of the said written examination having been published, it transpired that the appellant has obtained 73 marks, whereas the cut off mark for general category is 81 marks and, accordingly, those who have obtained 81 or more marks, would be called for typing examination. 2. In the writ petition, subsequently filed by the appellant, he sought for a direction to permit him to sit in the typewriting examination on provisional basis, subject to the outcome of the writ petition filed by him, pertaining to grant of Other Backward Community status to the appellant. This writ petition has been rejected by the judgment and order under appeal. 2 3. According to us, when the appellant, in response to the advertisement, held out himself to be a member of general category, he could not later on alter his such response under any circumstances. We, accordingly, have nothing further to be done in the appeal; the same is dismissed. (Servesh Kr. Gupta, J.) (Barin Ghosh, C.J.) 05.07.2011 05.07.2011 Amit