WPSS/4/2025
2025 Latest Caselaw 1553 UK

Uttarakhand High Court

WPSS/4/2025 on 7 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      WPSS No. 4 of 2025
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Mandeep Kalra (through V.C.), learned counsel for the petitioners.

2. Mr. Rajeev Singh Bisht, learned Addl. CSC for the State.

3. Learned counsel for the petitioners submits that in the order dated 10.12.2024 passed by the Hon'ble Supreme Court in Review Petition (Diary) No. 4961 of 2024 in Civil Appeal No. 7873 of 2023, the Hon'ble Supreme Court clearly observe that in order to avoid any confusion, we again clarify that the 18 months diploma obtained by such persons, who were in employment as on 10.08.2017 and who have completed the diploma course of 18 months, would be treated as valid diploma holder for the purpose of applying in other institutions or for promotional avenues. In paragraph 4, the Hon'ble Supreme Court further observe that clarification will be effective from the date of pronouncement of judgment under review, which was pronounced on 28.11.2023.

4. It is informed to this Court that advertisement was issued on 29.05.2024 for appointment on the post of Assistant Teacher Elementary Education, however, no corrigendum was issued in order to comply the order of Hon'ble Supreme Court dated 10.12.2024.

5. Learned counsel for the petitioners submits that all the petitioners were in employment on 10.08.2017 and they have completed diploma of 18 months, therefore, in view of the clarification given by Hon'ble Supreme Court in the order dated 10.12.2024, they are eligible. He further submits that in the proceedings before the Hon'ble Supreme Court, State of Uttarakhand was party respondent, therefore, State was fully aware about this order and despite this no corrigendum have been issued in respect of the advertisement dated 29.05.2024. He further submits that in view of the clarification given by the Hon'ble Supreme Court, the State of Bihar, Assam and Punjab have already complied with the order passed by Hon'ble Supreme Court.

6. List on 09.01.2025 along with WPSS No. 27 of 2025, WPSS No. 2419 of 2024, WPSS No. 2470 of 2024 and WPSS No. 2472 of 2024.

7. In the meantime, Mr. Rajeev Singh Bisht, learned Addl. CSC may get instructions why corrigendum have not been issued, particularly, when State of Uttarakhand was party respondent before the Hon'ble Supreme Court.

(Rakesh Thapliyal, J.) 07.01.2025 SKS