Anil Chandra Baluni vs State Of Uttarakhand & Others on 15 April, 2026

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    Uttarakhand High Court

    Anil Chandra Baluni vs State Of Uttarakhand & Others on 15 April, 2026

                                                                       2026:UHC:2635-DB
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
      THE HON'BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
    
                                           AND
    
             THE HON'BLE JUSTICE SHRI SUBHASH UPADHYAY
                           15th April, 2026
    
                     Writ Petition (PIL) No. 53 of 2026
    
    
    Anil Chandra Baluni                                               ------Petitioner
                                           Versus
    
    State of Uttarakhand & others                                  -----Respondents
    
    ----------------------------------------------------------------------
    Presence:-
    Mr. Gyanendra Kumar Sharma, learned counsel assisted by Ms.
    Khushboo Tiwari Sharma, learned counsel for the petitioner.
    Mr. Puran Singh Bisht, learned Chief Standing Counsel, assisted by Mr.
    Gajendra Tripathi, learned Standing Counsel for the State/respondent
    no. 1.
    Mr. Shobhit Saharia, learned counsel assisted by Ms. Arushi Batra,
    learned counsel for the respondent no.2.
    Mr. Dharmendra Barthwal, learned counsel for the respondent no. 3.
    Mr. Ankit Bisht, Advocate, holding brief of Mr. Vinay Kumar, learned
    counsel for the respondent no.4.
    ------------------------------------------------------------------------------------------
    
    JUDGMENT:

    (per Manoj Kumar Gupta, C.J.)

    1. The present petition has been filed in public

    SPONSORED

    interest for the following reliefs:

    “(1). Issue a writ of certiorari quashing the
    Procedure Determination Regulation, 2026 for the
    selection and Appointment of Managing Director
    and Executive Director, dated 05.03.2026,
    enacted separately for PTCUL, UPCL and UJVNL,
    Annexure No. P-1, P-2 and P-3 at Pages 31 to
    136, on the ground that the Rules violates Articles
    14
    , 16 and 21 of the Constitution of India and are
    resultant of arbitrary and biased administrative
    action of the State.

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    2026:UHC:2635-DB
    (2). Pass an interim order for stay of the operation of
    the Procedure Determination Regulation, 2026 for
    the selection and appointment of Managing
    Director and Executive Director dated 05.03.2026
    enacted separately for PTCUL, UPCL and UJVNL,
    Annexure No. P1, P-2 and P-3 Pages 31 to 136
    and appointments, if are required for the
    administrative exigency , may be made under the
    Uttarakhand Selection and Appointment of
    Managing Directors and Directors Procedure
    Determination Rules (Amended) 2021, Annexure
    No. P-4 pages 137 to 166.

    (3) Issue a direction that until rational, legal and
    well-reasoned Rules are framed, the appointments
    in all the three Corporations of the Power Sector,
    Government of Uttarakhand may be made in
    accordance with the Uttarakhand Selection and
    Appointment of Managing Director and Procedure
    Determination Rules (amended) 2021; and”

    2. It is stated in paragraph 8 of the writ petition

    that no other petition to the knowledge of the

    petitioner is pending before this Court on the same

    issue.

    3. Learned counsel for the respondent-

    corporations point out that the same Regulations are

    under challenge at the behest of the aggrieved person

    in Writ Petition (S/B) No. 184 of 2026, Anupam Singh

    vs. Principal Secretary, Energy Department,

    Government of Uttarakhand and others, wherein on

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    2026:UHC:2635-DB
    02.04.2026, while entertaining the said writ petition,

    counter affidavit was invited from the respondents.

    4. As the Regulations are already under

    challenge at the behest of aggrieved person, therefore,

    we are not inclined to entertain the present PIL.

    5. The PIL is dismissed.

    6. Pending application, if any, also stands

    disposed of.

    (MANOJ KUMAR GUPTA, C.J.)

    (SUBHASH UPADHYAY, J.)
    Dated: 15.04.2026
    Kaushal

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