WPMS/326/2021
2021 Latest Caselaw 564 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
            ON THE 1st DAY OF MARCH, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 326 of 2021

BETWEEN:
      Govindi Arya                          ......Petitioner
      (Mr. D.S. Mehta, Advocate)

AND:
      State of Uttarakhand & another .....Respondents
      (Mr. T.S. Phartiyal, Additional C.S.C. for the State of
      Uttarakhand/respondent no. 1 & Mr. Virendra Singh
      Rawat, Advocate for respondent no. 2)


                         JUDGMENT

Petitioner appeared in Uttarakhand Teacher Eligibility Test-1st, 2019 as a candidate belonging to eligibility code-07. The certificate-cum-mark-sheet issued to her is enclosed as Annexure-1 to the writ petition.

2. According to petitioner, due to mistake, she applied under wrong eligibility code. Petitioner wants this mistake to be corrected in the certificate/mark- sheet issued by Board of School Education, Uttarakhand.

3. By means of this writ petition, petitioner has sought following relief:-

"i. Issue a writ, order or direction in the nature of Mandamus directing the Respondents to correct the Eligibility Code 06 in the Marksheet of Uttarakhand Teacher Eligibility Test-1st, 2019 in place of Eligibility Code-07."

4. A counter affidavit has been filed on behalf of respondent no. 2. Along with counter affidavit, a letter issued to petitioner on 09.02.2021 has been enclosed as Annexure CA-2, whereby petitioner has been informed that the certificate issued to her is liable to be cancelled for applying under a wrong category code.

5. Since, cancellation of certificate would entail civil consequence; therefore, such order cannot be passed without hearing the petitioner.

6. Therefore, writ petition is disposed of with the following directions:

(a) The communication dated 09.02.2021 (Annexure CA-2), issued by respondent no. 2 shall be treated as show cause notice.

(b) Petitioner shall submit reply to the said notice within two weeks from today.

(c) The Competent Authority in Board of School Education, Uttarakhand shall consider petitioner's reply and pass speaking order, in accordance with law, within three weeks thereafter.

7. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin