WPSS/979/2023
2023 Latest Caselaw 1783 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.979 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. Anil Kumar Joshi, Advocate for the petitioner.

Mr. P.S. Bisht, Additional C.S.C. for the State.

Heard.

Admit.

Learned C.S.C. takes notice for the respondent nos. 1 to 3.

Issue notice to the respondent no.4 returnable within four weeks.

Steps to be taken within a week. Respondents may file counter affidavit on or before 16.10.2023..

Rejoinder affidavit, if any, be filed on or before 20.10.2023.

List this matter for final hearing on 30.10.2023.

Heard on Interim Relief Application IA No.1 of 2023.

It is the case of the petitioner that he was appointed Assistant Teacher in a school, which was taken grant-in-aid by the State of Uttarakhand. The petitioner continued as Assistant Teacher, but suddenly, by the impugned orders, directions have been given that action be taken against the petitioner because he did not have essential eligibility education qualification at the time when he was appointed. He had a degree of Shiksha VIsharad, which is not equivalent to BTC, as held by the Division Bench Judgment.

Learned counsel for the petitioner would submit that, in fact, under the Right to Children to Free and Compulsory Education Act, 2009, time was granted to the teachers to obtain the essential eligibility qualification, which was initially for 5 years, and had now been extended upto 2019. It is submitted that the petitioner did obtain B.Ed. degree in the year 2009. He is a qualified teacher and the order for stopping his salary may cause serious harm to him at this stage.

Having considered, as an interim measure, till the next date of listing, the operation of the impugned orders shall remain in abeyance.

Interim Relief Application stands disposed of, accordingly.

(Ravindra Maithani J.) 05.07.2023 RV