WPSS/207/2021
2022 Latest Caselaw 2572 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPSS No. 207 of 2021
                                  Shri Vipin Sanghi, C.J.
                                  Shri Ramesh Chandra Khulbe, J.

Shri K.P. Upadhyay, learned Senior counsel assisted by Mr. Hemant Pant, learned counsel for the petitioners.

Shri J.C. Pande, learned Standing Counsel for the State of Uttarakhand.

Shri Yogesh Pacholia, learned counsel for respondent no. 3.

The relief sought in the present writ petition are following:-

(a) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the annexure-1 communication dated 06.01.2021 rd issued by the 3 respondent National Council for Teacher Education as well as the subsequent annexure-2 order dated 15.01.2021 issued by Secretary, Education, Uttarakhand Govt. whereby the selection criterion for the post of Assistant Teacher in Govt. Primary Schools is being varied in the midst of the selection process.

(b) Issue a writ, order or direction in the nature of mandamus directing and holding that the 18- months online Diploma Course in Elementary Education of National Institute of Open Schooling, Noida (U.P.0 for un- trained in-service teachers working in Govt./Govt. Aided/Un-aided Private Schools, cannot be treated as par with the two-year regular Diploma Course in Elementary Education conducted by the District Institutes of

Education and Training in the State of Uttarakhand in absence of any law made therefor.

(c) Issue a writ, order or direction in the nature of mandamus directing and commanding the State respondents to conclude the ongoing selection process strictly in accordance with the Uttarakhand Govt. Elementary Education (Teacher) Service Rules, 2012 as amended upto 29.07.2019 read with the provisions of the Right of Children to Fee and Compulsory Education Act, 2009 and the National Council for Teacher Education Act, 1993.

We have already heard detailed submissions and reserved judgment in WPSS No. 350 of 2021, wherein the same issue arises for consideration, namely, whether the candidates holding the 18 months online Diploma Course in Elementary Education of National Institute of Open Schooling, Noida (U.P.) for in service Govt./Govt. Aided/Unaided, Private Schools could be treated at par with two year regular Diploma Course in Elementary Education conducted by District Institutes of Education and Training, in the State of Uttarakhand is pending consideration.

We, therefore, adjourn this petition to join the judgment with WPSS No. 350 of 2021.

List this case on 29.09.2022.

(R.C. Khulbe, J.)     (Vipin Sanghi, C.J.)
  22.08.2022              22.08.2022
Mamta/Shubham