Uttarakhand High Court
WPSS/207/2021 on 21 July, 2022
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
WPSS No. 207 of 2021
Hon'ble S.K. Mishra, J.
Hon'ble Alok Kumar Verma, J.
Mr. K.P. Upadhyay, learned Senior
Advocate assisted by Mr. Hemant Pant,
learned counsel for the petitioners.
Mr. J.C. Pande, learned Brief Holder
for the State.
Mr. D.C.S. Rawat, learned counsel for
the respondent no. 5.
There is no delay in this case, as the
order sought to be reviewed is passed on
12.04.2021, and, by virtue of the order
passed by the Hon'ble Supreme Court in
Suo Moto of PIL No. 3 of 2020, the period
of running limitation has been extended
for that period. The application for
condonation of delay is, therefore,
disposed of.
This is an application for review of the
order dated 12.04.2021 in Writ Petition
(S/S) No. 207 of 2021, which was
dismissed as infructuous by the Co-
Ordinate Bench, in which, one of us,
namely, Shri Justice Alok Kumar Verma is
a Member.
It is apparent from the record that
the learned counsel for the State
submitted that the Annexure-2 to the writ
application, which was passed by the
Secondary Education, Government of
Uttarakhand on 15.01.2021, on the basis
of the communication issued by the
respondent no.3 on 06.01.2021, was
withdrawn.
It is also brought to our notice that
the said withdrawal of the Annexure-2 to
the writ application by the State is the
subject matter of the writ application
pending before a Co-Ordinate Bench of
this Court, presided by the Hon'ble the
Chief Justice of this Court.
In the writ application, petitioner has
prayed for the following reliefs:
(i) 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 issued by the 3rd
respondent National Council for Teacher
Education as well as the subsequent
annexure-2 order dated 15.01.2021 issued by
the 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.
(ii) Issue a writ, order or direction in the
nature of mandamus directing and holding
that the 18-Month online Diploma Course in
Elementary Education of National Institute of
Open Schooling, Noida (U.P.) for un-trained
in-service teachers working in Govt./Govt.
Aided/Un-aided Private Schools, cannot be
treated at 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.
(iii) 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."
It is apparent from the record that
even if the Annexure-2 is withdrawn,
Annexure-1 still holds the field, which was
issued by the National Council for
Teachers Education. Secondly, the second
prayer has also not become infructuous,
whereby, the petitioner prays that a
direction be issued holding that the 18
months Online Diploma Course in
Elementary Education of the National
Institute of Open Schooling, Noida (U.P.),
for untrained in-service teachers working
in Government /Government Aided/Un-
aided Private Schools, cannot be treated at
par with the two years regular Diploma
Course in Elementary Education conducted
by the District Institutes of Education and
Training in the State of Uttarakhand.
There are litigations pending before
this Court, in which, there is a dispute
between the candidates who have
completed two years course and the
candidates were working with Teachers in
a Government School/ Non-Government
Schools, who have undergone 18 months
Online Diploma course in Elementary
Education about the eligibility of the
second type of a candidate.
So, in our considered opinion, these
petitioners should be given a reasonable
opportunity of hearing, while these issues
arising before the parties are being
adjudicated.
In that view of matter, the application
for review (MCC No. 7 of 2021) is allowed.
The order dated 12.04.2021 is hereby
recalled and the Writ Petition (S/S) No.
207 of 2021 is restored to its original
number.
It is also brought to our notice that
the connected writ applications, in which
same question of eligibility of those
candidates having 18 Months Online
Training is pending for pronouncement of
judgment before a Co-ordinate Bench
presided by the Hon'ble the Chief Justice
of this Court.
Hence, this matter may perhaps be
listed before that Bench.
The Registrar Judicial shall take
instructions in this regard.
(Alok Kumar Verma, J.) (S.K. Mishra, J.)
21.07.2022
AK/SB
