Jaswant Ram vs State Of Uttarakhand And Others
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Uttarakhand High Court

Jaswant Ram vs State Of Uttarakhand And Others on 28 April, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                         2025:UHC:3162-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
     HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
        HON'BLE JUSTICE SRI ASHISH NAITHANI

             Writ Petition (S/B) No. 483 of 2021

Jaswant Ram                                              -Petitioner

                                  Versus
State of Uttarakhand and others                        --Respondents
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Presence:-
Mr. D.K. Joshi, Advocate for the petitioner
Mr. Ganga Singh Negi, Additional CSC with Mr. Dinesh Bankoti, Brief
Holder for the State.
Mr. Yogesh Kumar Pacholia, Advocate for respondent No. 5.
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The Court made the following:
JUDGMENT:

(per Hon'ble Justice Sri Manoj Kumar Tiwari)

1. This writ petition was filed by petitioner in 2021, seeking following reliefs:-

"i) Issue a writ, order or direction in the nature of certiorari setting aside the provisions of Para 9 (ka) (2) of Uttarakhand Government Primary Education (Teachers) Service Rules 2012, amended from time to time to the extent it excludes the qualification below 50% marks in Graduation for the person who possess B.Ed from institution recognized by NCTE.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioner eligible for and further to declare the result of the petitioner for the post of Assistant Teacher Primary in pursuance to the selection being made in connection with the advertisement dated 14-12-2018.

iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the post of Assistant Teacher Primary with all consequential benefits."

2. Learned counsel for the petitioner submits that subsequent to filing of writ petition, he was offered appointment as Assistant Teacher (Primary) on 28.04.2022. Statement to this effect is made in para 4 of the affidavit dated 23.03.2025. Copy of the appointment order is also enclosed as Annexure-1 to the affidavit.

2025:UHC:3162-DB

3. In view of said development, namely, appointment of petitioner as Assistant Teacher, Mr. D.K. Joshi, learned counsel for the petitioner submits that the reliefs claimed do not survive any longer.

4. Accordingly, writ petition is dismissed as infructuous.

_______________________________ MANOJ KUMAR TIWARI, J.

__________________________ ASHISH NAITHANI, J.

Dt: 28th April, 2025 Mahinder