Smt. Saroj Sharma vs State Of Uttarakhand & Others
2024 Latest Caselaw 391 UK

Uttarakhand High Court

Smt. Saroj Sharma vs State Of Uttarakhand & Others on 19 March, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

 HIGH COURT OF UTTARAKHAND AT NAINITAL
              Writ Petition (S/S) No.275 of 2022

Smt. Saroj Sharma                                ........Petitioner
                               Versus
State of Uttarakhand & others                    .....Respondents
Presence:-
     Mr. Shubhr Rastogi, learned counsel for the petitioner.
     Mr. Rajeev Singh Bisht, learned Additional C.S.C. along with Mr.
     Bhupendra Koranga, learned Brief Holder for the State.
     Mr. Yogesh Kumar Pacholia, learned counsel for respondent no.5.

Hon'ble Pankaj Purohit, J. (Oral)

By means of this writ petition, petitioner seeks to issue a writ, order or direction in the nature of mandamus to direct the respondents to treat the petitioner as qualified candidate for the post of Assistant Teacher.

2. Heard learned counsel for the parties.

3. The facts in the nutshell are that pursuant to the advertisement dated 20.11.2020, petitioner has applied for the post of Assistant Teacher Primary School. Petitioner possesses two years D.Ed qualification. As per the first list prepared by the respondents, the name of petitioner was on list and she was shown at Serial No.1635 having secured 70.2% marks. Later on, respondents selected another candidate for counseling who is having 68.81%. Thereafter, petitioner raised an objection to the respondents. In reply thereto, respondents have stated that the selected candidate was given preference since she was having D.El.ed Diploma (Diploma in Elementary Education).

4. The challenge raised in this writ petition is no more res integra in view of the judgment passed by this Court in WPSS No.877 of 2022 (Neha vs. State of Uttarakhand & others) and another, which were decided

by a common judgment dated 06.03.2024 passed by this Court holding that the qualification held by the petitioner is in tone with the notification dated 28.11.2014. Following the said ratio, the present petition is allowed. The respondent-State is directed to hold the petitioner eligible to participate in the selection process for the post in-question and appoint her if she falls in the merit immediately within four weeks. No order as to costs.

5. Pending applications, if any, stand disposed of accordingly.

(Pankaj Purohit, J.) 19.03.2024 AK