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WPPIL/33/2021
2021 Latest Caselaw 885 UK

Citation : 2021 Latest Caselaw 885 UK
Judgement Date : 15 March, 2021

Uttarakhand High Court
WPPIL/33/2021 on 15 March, 2021
  IN THE HIGH COURT OF UTTARAKHAND
             AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                                   AND
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA



         WRIT PETITION (PIL) NO.33 of 2021

                        15TH March, 2021


Between:


Ravinder Jugran.                                       .......Petitioner

and

State of Uttarakhand and another.                   .......Respondents




Counsel         for      the : Mr. Abhijay             Negi,      learned
petitioner                     counsel.

Counsel           for : Mr. N.S. Pundir, learned
respondent No. 1.       Deputy Advocate General.

Counsel           for : Mr. Pankaj Purohit, learned
respondent No. 2.       counsel.



The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)


              This PIL is filed for the following prayer

before this Court:-


                      "Issue a writ, order or direction in the
                      nature of mandamus directing the
                      State of Uttarakhand to allow students
                      who belatedly got the CTET results
                      only on January 31, 2021 and
                   Bachelors of Education End Semester
                  Results to appear, due to delay owing
                  to   the    COVID-19    pandemic   to
                  participate in the examination of the
                  LT Grade- Assistant Teachers due to
                  be-held in April 2021."


2.         The    learned   counsel     for     the    petitioner

submits that the two requirements for a person

wanting to apply for the post of Assistant Teachers LT

Grade are that he must have a CTET certificate, and a

Bachelors of Education degree before he can apply for

the said post. Moreover, the Uttarakhand Subordinate

Service    Selection    Commission        (in     short      "the

Commission") issued an advertisement for 1431

vacancies for the said post on 13.10.2020. The last

date for filing the applications was 04.12.2020.

However, due to onslaught of COVID-19, pandemic,

which covered the entire year of 2020 from March till

December, many of the hopeful candidates could

neither   clear   the   CTET       examination,       nor   could

complete their B.Ed. degree on time. For, during the

COVID-19 pandemic, the academic year was rather

disturbed. Since the CTET results have been declared

on 31.01.2021, and the Bachelors of Education

degree have been completed only recently, the

Commission should be directed to extend the last

                               2
 date for submissions of the applications by the eligible

candidates. The learned counsel has also prayed that

even the examination for the said post should be

postponed till end of May, 2021.


3.          On the other hand, the learned counsel for

the Commission submits that the postponed of the

examination will be rather difficult as the Commission

has already declared its calendar for the year, 2021.

Moreover, in the month of May and June 2021, the

Central    Board       of     Senior   Education,     and       the

Uttarakhand Board examination are scheduled to take

place.    Therefore,        the   Commission     would   find    it

extremely difficult to locate sufficient space for

holding the examination for the post of Assistant

Teachers     LT    Grade.         Hence,   the   possibility     of

adjourning the examination is almost nil. The learned

counsel further submits that the examination is

scheduled to be held on 25.04.2021. The Commission

is willing to extend the last date of submissions of the

applications and fees till 25.03.2021. But this is the

only benefit that can be given to the petitioner, and to

others those who are eligible to apply for the said

post.


                                   3
 4.          Therefore,   this     Court   records   the

undertaking given by the learned counsel for the

Commission, that the Commission will extend the last

date for submissions of the applications and also

submissions of the examination fees, if any, till

25.03.2021.


5.          Since, the said undertaking has been given,

this Court directs the Commission to publicize the fact

that the eligible candidates will be entitled to submit

their applications and the fees till 25.03.2021.


6.           With these directions, the present writ

petition stands disposed of.


7.          Let a certified copy of this order be issued

to the learned counsel for the parties on payment of

usual charges.




                _____________________________
                RAGHVENDRA SINGH CHAUHAN, C.J.



                                ___________________
                                ALOK KUMAR VERMA, J.

Dt:15th March, 2021 Pant/Neha

 
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