WPSS/1252/2021
2023 Latest Caselaw 618 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 1252/2021
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. B.M. Pingal, Advocate, for the petitioner.

Mr. V.S. Rawat, Brief Holder, for the respondent.

Petitioner was denied permission to participate in Uttarakhand Teachers' Eligibility Test 2020-21 on the ground that his score of marks in graduation examination is less than 50 per cent. Thus feeling aggrieved, petitioner has filed this writ petition seeking following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned Notification dated 01.09.2021 issued by Respondent (Annexure No.3 to the writ petition) in so far as it relates to imposing condition of 50% marks in Gradation from respective candidates, who have completed their B.Ed. Degree Course from the recognized university.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondent to consider the application form of the petitioner and permit the petitioner to participate in the Uttarakhand Techers' Eligibility Test (UTET-I&II)-2020-21."

A coordinate Bench of this Court passed an interim order on 27.9.2021 directing the respondent to accept petitioner's application offline and also to permit him to participate in the examination process.

Learned Counsel for the petitioner points out that in terms of the interim order, petitioner appeared in the examination, however, his result is not being declared on account of pendency of this writ petition. Learned Counsel placed reliance upon a judgment dated 19.3.2019 rendered by this Court in WPSS No. 3340 of 2018, Pratap Singh Bora v. State of Uttaakhand & Others, and prayed that present writ petition may also be decided in terms of the said judgment.

Mr. Virendra Singh Rawat, learned Counsel appearing for Uttarakhand School Education Board, also submits that identical controversy has been decided by this Court in WPSS No. 3340 of 2018. Thus he submits that present writ petition may be decided in terms of the said judgment.

In view of the consensus between the parties, present writ petition is also decided in terms of the judgment dated 19.3.2019, rendered in WPSS No. 3340 of 2018.

(Manoj Kumar Tiwari, J.) 14.3.2023 Pr