WPSS/1543/2012
2021 Latest Caselaw 5010 UK

                   Office Notes,
                reports, orders or
                 proceedings or
SL. No   Date                                   COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPSS No.1543 of 2012
                                     Hon'ble Sharad Kumar Sharma, J.

Ms. Sukhwani Singh, Advocate, holding brief of Mr. Parikshit Saini, Advocate, for the petitioner.

Mr. N.P. Shah, Standing Counsel, for the State of Uttarakhand.

The petitioner in the present writ petition was seeking a direction for consideration of his candidature for appointment as a LT Teacher (Science) by seeking a benefit of reservation as a "Rajya Andolankari". As per the judgment of this Court by the Full Bench of this Court, the reservation provided to the "Rajya Andolankari" has been held to be unconstitutional and has been set aside. Consequent to the judgment of the Full Bench, the matter is presently pending before the Hon'ble Apex Court, without there being any interim order, being passed on it.

In view of the fact that the basic foundation, which was based on which the reservation benefit was sought by the petitioner as a "Rajya Andolankari", has been judicially held to be non-existing as of now. The writ petition to consider his claim as a candidate for Assistant Teacher (LT Grade) cannot be considered on the basis of the said notification. Hence, the writ petition has been rendered infructuous.

The same is accordingly dismissed as infructuous. Though its revival could be made, subject to the decision of the Hon'ble Supreme Court judgment.

(Sharad Kumar Sharma, J.) 09.12.2021

NR/