Uttarakhand High Court

WPSS/1149/2025 on 14 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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28                                WPSS No. 1149 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. C.D. Bahuguna, Senior Advocate assisted by Mr. Chandra Shekhar Dalakoti, Advocate for th4e petitioner.

Mr. Ganesh Kandpal, Deputy Advocate General for the State.

Heard.

Admit.

Learned CSC takes notice for the respondent nos. 1 & 2.

Counter affidavit to be filed within four weeks.

Two weeks thereafter, rejoinder affidavit, if any, may be filed.

List on 23.09.2025.

Heard on interim relief application. It is the case of the petitioner that he was appointed as Assistant Teacher, Primary School, but by the impugned order dated 28.06.2025 passed by the respondent no. 3, his services have been terminated.

Learned Senior Counsel for the petitioner submits that on 01.08.2017, the petitioner was an Assistant Teacher, Primary School; thereafter, he obtained D.El.Ed. qualification through NIOS between 2017 and 2019; but, now his services have been terminated merely on the ground that prior to joining as Assistant Teacher, the petitioner had done TET-I on the basis of B.Ed. Learned Senior Counsel also submits that the petitioner is qualified to be appointed as Assistant Teacher; merely because he has done TET course earlier, it does not disentitle him for appointment. It is argued that for TET, the basic qualification is Intermediate and on the date when the petitioner took admission in D.El.Ed. course, he was not eligible to be appointed as Assistant Teacher, Primary School and only after completing D.El.Ed. course, he has become eligible for appointment as Assistant Teacher, Primary School. Reference has been made to the judgment passed by this Court in Writ Petition No. 91 of 2025 (S/S), Lalit Mohan Arya v. State of Uttarakhand and others, and other connected matters.

The Court wanted to know from the learned State Counsel as to how obtaining TET qualification prior to D.El.Ed. course may disentitle the petitioner from eligibility criteria for Assistant Teacher, Primary School?

Learned State Counsel could not reveal anything.

It is admitted that for TET, the qualifying examination is Intermediate. It is also admitted that when the petitioner applied for D.El.Ed., he was not eligible for appointment as Primary School Teacher.

Having considered, as an interim measure, the operation and effect of the impugned order dated 28.06.2025 shall remain in abeyance.

Interim relief application stands disposed of accordingly.

(Ravindra Maithani J.) 14.07.2025 Avneet/