WPSB/259/2022
2022 Latest Caselaw 3079 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

                WRIT PETITION (S/B) NO. 259 OF 2022

                          22ND SEPTEMBER, 2022

BETWEEN:
Rahul Kumar & others                                              .....Petitioners.
And

State of Uttarakhand & others                                     ....Respondents.

Counsel for the Petitioners : Mr. Rahul Consul, learned counsel.

Counsel for the Respondent nos.1 & 2 : Mr. Gajendra Tripathi, learned Brief Holder.

Counsel for the Respondent no.3 : Mr. Yogesh Kumar Pacholia, learned counsel.

Counsel for the Respondent no.4 : Mr. Shashank Upahyaya, learned counsel.

Counsel for the Respondent no.5 : Ms. Monika Pant, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioners, who have done their D.El.Ed., from

the National Institute of Open Schooling through O.D.L. mode

in 18 months, as they were in-service teachers, have

preferred this writ petition to seek the following reliefs:-

"i. Issue an order or direction summoning the relevant records from the office of the respondent no.1 and issue a writ in the nature of certiorari quashing the impugned order dated 10.02.2021, passed by Secretary, Department of Elementary Education, Uttarakhand, Dehradun, the respondent no.1 (contained as Annexure No.20 to this writ petition).

ii. Issue a writ, order or direction in the nature of mandamus declaring that the D.El.Ed. training diploma

conducted through ODL mode in elementary education, organized by the NCTE, the competent academic authority, is a valid diploma for the petitioners for applying against the regular posts of Assistant Teachers in Government Primary Schools of the State of Uttarakhand.

iii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.1 and 2 to consider the candidature of the petitioners for appointment on the post of Assistant Teachers in the Government Primary Schools on the basis of the applications made by the petitioners pursuant to the advertisement issued by the department of Elementary Education, Uttarakhand, Dehradun.

iv. Issue any writ, rule, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."

2. The issue raised in this writ petition is squarely

covered by our judgment dated 14.09.2022, rendered in Writ

Petition (S/S) No.350 of 2021 and other connected matters.

3. Accordingly, the writ petition is allowed in terms of

the aforesaid judgment.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 22nd September, 2022 NISHANT