WPSS/2226/2023

Citation : 2026 Latest Caselaw 890 UK
Judgement Date : 10 February, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

WPSS/2226/2023 on 10 February, 2026

Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
                 Office Notes,
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noSL.   Date                                     COURT'S OR JUDGES'S ORDERS
               or directions and
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               Registrar's order
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                                   WPSS No. 2226 of 2023
                                   Hon'ble Manoj Kumar Tiwari, J
                                   1.    Mr. Bhagwat Mehra, learned counsel
                                   for the petitioner.

                                   2.  Mr. Narayan Dutt, learned Standing
                                   Counsel for the State of Uttarakhand.

                                   3.  Mr. Chandramauli Shah,                 learned
                                   counsel for respondent no. 5.

4. Learned State Counsel has drawn attention of this Court to the averments made in para 8 of the counter affidavit filed by Mr. Dharm Singh Rawat, District Education Officer (Elementary), Chamoli on behalf of respondent nos. 3 & 4. Based on the counter affidavit, learned State Counsel submits that the candidates for appointment to the post of Assistant Teacher (General) are divided into two categories; those who passed Graduation with English as main subject, fall in first category and those who passed Graduation with Hindi as a main subject, fall in second category.

5. Learned State Counsel submits that since petitioner passed Graduation with English as main subject, while respondent no. 5 passed Graduation with Hindi as main subject, therefore, they cannot be compared. He submits that respondent no. 5 was rightly selected in the category to which he belongs. However, para 8 of the counter affidavit is silent as regards the marks scored by respondent no. 5. It is also not clear as to whether marks scored by respondent no. 5 are more than the marks scored by last candidate selected in that particular category.

6. Learned State Counsel is directed to get written instructions on the aforesaid aspects within 48 hours. If written instructions are not produced by learned State Counsel on the next date of listing, then District Education Officer (Elementary), Chamoli may be called to appear in person before this Court along with entire record of the case.

7. List this case on 13.02.2026.

(Manoj Kumar Tiwari, J) 10.02.2026 Aswal