Writ petition challenging mandatory residency condition for Assistant Teacher recruitment. Petitioner rendered ineligible due to studying outside Uttarakhand. Respondents clarified eligibility, disposing the petition.
Writ petition disposed of; interim order dated 14.12.2020 vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 1st DAY OF SEPTEMBER, 2021
BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON’BLE SHRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (S/S) NO. 1696 of 2020
1st September, 2021
Between:
Smt. Sashi Yadav .....Petitioner
and
State of Uttarakhand and others. …....Respondents
Counsel for the : Mr. Alok Mahra, Advocate. petitioner. Counsel for the State. : Mr. S.N. Babulkar, learned Advocate General with Mr. C.S. Rawat, learned Chief Standing Counsel.
The Court made the following:
JUDGEMENT: (per Hon’ble Justice Manoj Kumar Tiwari)
According to the petitioner, she is a permanent
resident of State of Uttarakhand, however, she received her
education for 10th and 12th standards from a school situated in District Barielly (Uttar Pradesh). On account of her passing 10th and 12th standard examination from an institution outside State of Uttarakhand, she was rendered ineligible for applying for appointment to any Group ‘C’ post in State of Uttarakhand by virtue of statutory Rules known as “Uttarakhand Essential Qualification for Recruitment to Group ‘C’ Posts, within the purview of Public Service Commission or outside the purview of Public Service Commission Rules, 2010, as amended vide notification dated 07.02.2019.
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(i) issue a writ order or direction declaring Rule-4 (2) of the Uttarakhand Necessary/Essential Qualification for Recruitment on Group-C posts within the purview of Public Service Commission or outside the purview of Public Service Commission (3rd Amendment) Rules, 2019 (Annexure No.11) to the writ petition as ultra-virus to Article-14 and 16 (2) of the Constitution of India.
(ii) issue a writ order or direction in the nature of certiorari calling for the record and quashing the Clause-B ( [k ) of the notification issued on 20.11.2020 and 01.12.2020 (Annexure No. 9 and 10) to this writ petition, which provides that only those candidates would be eligible for submission of application form who have passed their High School and Intermediate Examination from recognized institution situated in State of Uttarakhand only.
(iii) issue a writ order or direction in the nature of mandamus declaring the candidature of the petitioner suitable for being considered for selection/recruitment on the post of Assistant Teacher Primary School pursuant to notification/advertisement dated 20.11.2020 and 01.12.2020 and further direct the respondents to consider the candidature of the petitioner for appointment on the post in question.
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vacated.
_____________________ MANOJ KUMAR TIWARI, J.
ALOK KUMAR VERMA, J.
Dt: 1st September, 2021 Mamta/Neha
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Smt. Sashi Yadav
State of Uttarakhand
Manoj Kumar Tiwari
Allok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
