High Court · 2025

post ed subj ect t o availabilit y of vacancy. Pending any, applicat ion, disposed of accordingly. ” st ands

5. St at e has challenged t he order, passed by learned Single Judge on t he ground t hat t he writ pet it ion filed by respondent s was decided wit hout invit ing count er affidavit .

6. Mr. Kurban Ali, learned counsel for respondent s subm it s t hat count er affidavit was not only invit ed, but also filed by Direct or, Elem ent ary Educat ion. He t hus subm it s t hat t he Appeal is bereft of m erit and is liable t o be dism issed for t aking a ground which fact ually incorrect .

7. I t is not in disput e t hat t he writ pet it ioners ( respondent s herein) part icipat ed in a com m on select ion for appoint m ent as Assist ant Teacher Governm ent Prim ary Schools, which was held in respect of all t hirt een dist rict s in St at e of Ut t arakhand. I t was t he st and t aken by t he writ pet it ioners before t he writ Court , t hat by virt ue of t heir higher m erit in t he select ion, t hey were ent it led t o be allot t ed dist rict of t heir first choice i.e. Dist rict Udham Singh Nagar and t he Aut horit ies erred in allot t ing t hem post of Assist ant Teacher in Dist rict Alm ora.

8. Learned St at e Counsel subm it s t hat all t he writ pet it ioners belong t o OBC cat egory and t here was no vacancy available for OBC cat egory candidat es in Dist rict Udham Singh Nagar, t herefore, writ pet it ioners could not be allot t ed any post in Dist rict Udham Singh Nagar and learned Single Judge erred in direct ing for t heir t ransfer t o Udham Singh Nagar.

9. Learned counsel t he writ pet it ioners ( respondent s herein) however subm it s t hat learned writ Court has sim ply direct ed t he Aut horit ies t o consider case of t he writ pet it ioners for t ransfer t o Dist rict Udham Singh Nagar, as per t heir opt ion, wit hout dist urbing t he seniorit y of Assist ant Teachers ( Prim ary) already serving in Dist rict Udham Singh Nagar, and considerat ion of claim of writ pet it ioners would be subj ect t o availabilit y of vacancies.

10. We t he subm ission. Since learned writ Court has direct ed t he Aut horit ies t o exam ine t he claim of t he writ pet it ioners for t ransfer t o Udham Singh Nagar, as per t heir ranking in t he m erit list and it is also provided t hat if request m ade by writ pet it ioners for t ransfer t o Udham Singh Nagar is acceded t o, t hen it shall not dist urb t he set t led int er- se seniorit y of Assist ant Teachers, and also in view of st at em ent given by Mr. Kurban Ali, Advocat e, t hat his client s are ready t o be placed at t he bot t om of t he seniorit y list in Dist rict Udham Singh Nagar, if t hey are t ransferred, we decline t o int erfere wit h t he im pugned order.

11. I n such view of t he m at t er, t he Special Appeal fails and is hereby dism issed. (A sh i sh N a i t h a n i , J.) (Ma n o j K u m a r Ti w a r i , J.)

21.04.2025 Shik sha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD9 , cn=SHIKSHA BINJOLA