WPSB/288/2022
2022 Latest Caselaw 3381 UK

      IN THE HIGH COURT OF UTTARAKHAND
                              AT NAINITAL

                      SRI JUSTICE VIPIN SANGHI, C.J.
                                      AND
                        SRI JUSTICE R.C. KHULBE, J.

18TH OCTOBER, 2022 WRIT PETITION (S/B) NO. 288 OF 2022 Between:

Deepak Kumar and others. ........Petitioners

And

State of Uttarakhand and others. ....Respondents

Counsel for the petitioners : Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy.

Counsel for the respondents : Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand. Mr. Yogesh Pacholia, learned counsel for NCTE.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioners have preferred the present writ

petition to seek the following reliefs:-

"I. To issue a writ order or direction in the nature of certiorari quashing the govt. order dated 10.02.2021 issued by the respondent no. 1 (Contained as Annexure no. 1 to this petition). II. To issue a writ order or direction in the nature of mandamus declaring that the training diploma of D.El.Ed. conducted by National Institute of Open Schooling NOIDA (through ODL mode) in elementary education, is valid diploma for the purpose of applying against the regular post of Assistant Teachers in Govt. Primary Schools in the state of Uttarakhand.

III. To issue a writ order or direction in the nature of mandamus commanding the respondents no. 1 and 2 to permit the petitioners to participate in the ongoing selection process for the post of Assistant Teachers (elementary) in govt. primary schools, in pursuance to the advertisements (Annexure no. 5 to this petition) issued by the District Education officers of all the Districts in the state of Uttarakhand and may also be directed to consider the candidatureship of the petitioners for the appointment on the post of Assistant Teachers in govt. primary schools."

2. The issues raised in the present petition have

already been considered by us in a batch of writ petitions,

including Writ Petition (S/S) No. 350 of 2021 Nandan

Singh and others vs. State of Uttarakhand and

another, which was decided on 14.09.2022. We have

allowed the said petitions, and held that the 18 month

D.El.Ed. Training Diploma conducted through the ODL

mode in elementary education by the NIOS is a valid

Diploma for applying against the regular posts of Assistant

Teachers (Primary) in the State of Uttarakhand. The

respondent-State has been directed to consider their

candidatures for the said posts on the basis of the

applications made by them pursuant to the advertisement.

The Order dated 10.02.2021 issued by the issued by the

Secretary, Department of Elementary Education,

Uttarakhand, Dehradun was quashed by us.

3. Following the said decision, the present petition

is also allowed in the same terms.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 18th October, 2022 Rathour