Uttarakhand High Court
SPA/934/2017 on 21 July, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6378-DB
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
CLMA/14487/2017 (Delay Condonation Application)
In
SPA No.934 of 2017
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.
(Per: Hon'ble Manoj Kumar Tiwari, J.)
Mr. P.S. Bisht, learned Addl. C.S.C. for the
State.
2. There is delay of 199 days in filing this special
appeal.
3. Objection to the delay condonation application
has not been filed by the respondent. For the
reasons indicated in the affidavit filed in support of
the delay condonation application, the same is
allowed and the delay in filing this special appeal is
condoned.
4. State has filed this intra-court appeal
challenging judgment dated 24.03.2017 passed by
learned Single Judge in WPSS No.705/2016. The
impugned judgment is reproduced below:-
"The petitioner participated in the
selection process for the post of Assistant
Teacher. According to the advertisement, the
selection and allocation of districts were to be
made on the basis of over all merit of the
candidates. The petitioner gave option for
District Almora However, respondents without
taking into consideration the merit determined
at the time of selection have allocated District
2025:UHC:6378-DB
Bageshwar to the petitioner.
It has come on record that the persons
who were lower in the merit vis-à-vis petitioner
have been allocated stations of their choice.
The respondents should have considered the
merit at the time of allocating the districts.
It has also come on record that the
principle of reservation was not followed at the
time of allocation of districts.
Accordingly, the writ petition is allowed.
The respondents are directed to allocate District
Almora to the petitioner within a period of six
weeks from today."
5. It is not in dispute that writ-petitioner
(respondent no.1 herein) participated in a combined
selection for the post of Assistant Teacher
(Elementary School) for all thirteen districts of
Uttarakhand.
6. Since the cadre of Assistant Teacher
(Elementary School) is of District level, therefore,
there was a stipulation in the advertisement that
allocation of districts shall be made based on merit
of a candidate in the selection. The selection was
seniority based i.e. a candidate who passed B.Ed.
Examination in earlier year was to be given
preference over someone who passed B.Ed. in later
year and the quality point marks scored by
candidates were to be looked at only when two or
more candidates passed B.Ed. in the same year.
Writ-petitioner (respondent no.1 herein) contended
before learned Single Judge that she had given first
2025:UHC:6378-DB
choice for District Almora; since candidates with
lesser marks were allocated District Almora by
ignoring her claim, therefore she is entitled to be
allocated to District Almora, as per her score of
marks and also her option.
7. The contention raised on behalf of respondent
found favour with learned Single Judge and the
writ-petition was allowed with direction to the
authorities to allocate District Almora to the
petitioners.
8. Learned State Counsel submits that last
candidate, who was allocated District Almora,
although passed B.Ed. examination in the same
year as the writ-petitioner i.e. 2006, however, his
score of quality points marks was 58.7183 while
score of writ-petitioner (respondent no.1 herein)
was 57.9525 marks. Thus, he submits that writ
petitioner could not be allocated Almora due to
lesser score of quality point marks. On instructions,
learned State Counsel submits that writ-petitioner
(respondent no.1 herein) is permanent resident of
Block-Kotabagh, District Nainital; after serving in
District Bageshwar for five years, she requested for
inter district transfer and her request was accepted
and presently she is serving as Assistant Teacher in
Block-Kotabagh, District Nainital.
9. Since respondent no.1 secured lesser marks
than the last candidate, who was allocated District
2025:UHC:6378-DB
Almora and allocation of District was merit based,
therefore, impugned judgment rendered by learned
Single Judge is interfereable.
10. We, accordingly, set aside the impugned
order. The appeal is thus allowed.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
21.07.2025
SS
SUKHBANT
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a6380d49b1885e628615, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7
D72C42261361AED33172F152148D, cn=SUKHBANT SINGH
Date: 2025.07.22 10:07:05 +05'30'
