WPPIL/46/2021
2021 Latest Caselaw 3804 UK

       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. 46 OF 2021

                     22ND SEPTEMBER, 2021
   Between:

   Anu Pant                                             ...Petitioner
   and
   State of Uttarakhand and another.                 ...Respondents

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

Counsel for the respondents: Mr. S.N. Babulkar, learned Advocate General with Mr. C.S.

                                Rawat, learned Chief
                                Standing Counsel for
                                the      State      of
                                Uttarakhand.


   The Court made the following:

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

The present PIL has been filed seeking a

direction from this Court to the respondents to extend

the last date for submission of the applications for the

post of Assistant Teacher, L.T. Grade.

2. By order dated 17.09.2021, this Court had

directed Ms. Radhika Jha, the learned Secretary,

Elementary Education, to appear before this Court

through video-conferencing. Consequently, Ms.

Radhika Jha has appeared before this Court today

through video-conferencing.

3. According to the petitioner, different

advertisements were published by ten different

districts of the State declaring the vacancies, which

had arisen on the post of Assistant Teacher, L.T.

Grade. In most of the districts, the last date for

submission of the applications was 21.01.2021.

4. One of the requirements to become eligible

was passing CTET examination, or TET examination.

According to the petitioner, although originally the

CTET examination was scheduled to be held on

05.07.2020, but, due to the raging pandemic, the said

examination could not be held till 31.01.2021. Since

the above advertisement had given the last date for

submission of the applications as 21.01.2021,

obviously there were many candidates, who could not

apply for the said post, as they did not have the

benefit of having taken the CTET examination by the

last date of submission of application.

5. Moreover, there was another set of

candidates, who could not take the TET examination till

30.04.2021. Therefore, according to the petitioner, all

those candidates-on the one hand, who had appeared

for taking the CTET examination, and on the other

hand those who had appeared in the TET examination,

could not apply for the post of Assistant Teacher, L.T.

Grade. Hence, the present petition for extending the

last date for submission of the applications for the said

post.

6. This Court has asked Ms. Radhika Jha, the

learned Secretary, as to the possibility of extending

the last date for submission of the applications for the

said post. According to her, there are presently 2648

vacancies, which exist in ten different districts, where

the posts have been advertised. Moreover, primary

schools have commenced their academic years. Yet,

most of these schools are saddled with vacant posts.

Therefore, it is imperative that these vacancies should

be filled-up as expeditiously as possible.

7. Secondly, for the large numbers of

vacancies, the State has already received a large

number of applications in the month of January, 2021

itself. It takes about four months to process these

applications, and the process is over. Therefore, the

Department already has a list of eligible candidates,

who can be permitted to take the examination, and to

participate in the selection process. In case, another

set of applications is now to be accepted, it will further

delay the selection process, thereby jeopardizing the

interest of the students, who will continue to attend

the schools without teachers.

8. Thirdly, there may be candidates, who had

applied earlier and they wish to apply again as they

have improved in the CTET examination held in 2021.

This would further complicate the situation. As the

districts may have to deal with two different

applications filed by the same person. Therefore,

dealing with and sorting out the applications may be a

complicated affair.

9. Fourthly, receiving the applications and

vetting them is not online. It is done manually.

Therefore, it will take a longer time to vet through a

large number of applications, in case the last date for

submission of the applications were to be extended.

10. Fifthly, there is a great possibility that after

two months, the model code of conduct is clamped

down as the State is about to enter its next Legislative

Assembly Election.

11. Lastly, already the Department has 451

vacancies for the post of Assistant Teachers, which,

according to the learned Secretary, would be

advertised within a period of two months. Therefore,

those candidates, who have been left out and are

unable to apply for the 2648 vacancies, would have an

ample opportunity to apply for the 451 posts, once

they are advertised by the Department. Therefore,

she humbly prays that the last date for submission of

the applications should not be extended by this Court.

12. On the other hand, Mr. Abhijay Negi, the

learned counsel for the petitioner, submits that firstly,

on the last occasion, when the former Secretary,

Primary Education, namely, Mr. R. Meenakshi

Sundaram, had appeared, he had stated that it takes

one month's time for the Department to process the

applications.

13. Secondly, those who have been left out and

could not take CTET / TET examination, for no fault of

their own, would continue to be unemployed without

any hope of getting an opportunity in near future.

Thus, equal opportunity of public employment should

be extended to this group of candidates.

14. Thirdly, the 451 vacancies, which do exist

presently, may not cover the ten districts, where the

advertisement has already been issued. Therefore, all

candidates would be deprived of equal opportunity to

compete. Hence, the learned counsel prays that the

last date for submission of the applications should be

extended, at least by five to ten days in order to

permit these candidates, who have completed their

CTET / TET examination, to submit their applications

for the said post.

15. Heard, Mr. Abhijay Negi, the learned

counsel for the petitioner, and Ms. Radhika Jha, the

learned Secretary.

16. Admittedly, there are 2648 vacancies

existing in ten different districts of the State.

Undoubtedly, the primary schools have commenced

their academic session. It is a common knowledge

that the academic session has already been postponed

due to the pandemic from the months of June-July to

September-October. What is of paramount importance

before this Court would be the interest of the students,

who have already joined their Schools. Naturally, the

students cannot be left unattended and untaught.

Therefore, it is imperative that these large number of

vacancies should be filled-up as expeditiously as

possible without any further delay.

17. By not extending the last date of

submission of the applications, it is not that the

candidates will be deprived of their right of equal

opportunity of public employment. For the equal

opportunity will continue to exist as according to the

learned Secretary, there are 451 vacancies that do

exist, and which shall be advertised in the near future.

18. It is, indeed, trite to state that when

selection process begins and a last date for submission

of applications is given, there is always a Class, which

may miss the mark, because on the last date for

submission of the applications, they do not have the

requisite eligibility criteria. Therefore, there is always

a class of people, which would be left out from

applying for the said post. But, merely because they

are left out, they cannot claim that they have a right to

have the last date of submission of the applications

extended.

19. Although it is true that those candidates

could not complete their CTET examination prior to

21.01.2021, for no fault of their own, nevertheless

they continue to have an opportunity to compete for

the vacancies that would arise.

20. Therefore, keeping in mind the paramount

importance of the interest of the students, keeping in

mind that the Schools must not function with

vacancies, keeping in mind that it is imperative that

the entire teaching staff is readily available for the

efficient running of Schools, this Court is of the opinion

that the last date for submission of the applications

cannot be extended any further. Therefore, this Court

does not find any merit in the present PIL.

21. However, as the learned Secretary has

already informed this Court that there 451 vacancies

do exist, and since there is a possibility that model

code of conduct may be imposed by December, 2021,

this Court directs the learned Secretary to advertise

the 451 vacancies on or before 20.10.2021 so as to

give a chance to those candidates, who have passed

the CTET examination on 31.01.2021, and to give a

chance to those candidates, who have passed their TET

examination on 30.4.2021 to compete for all these 451

vacancies.

22. With these directions, the PIL stands

disposed of.

_____________________________ RAGHVENDRA SINGH CHAUHAN, C.J.

___________________ ALOK KUMAR VERMA, J.

Dt: 22nd September, 2021 Rathour