Sanj ay Singh v. St at e of Ut t arakhand and ot hers

Mr. B.S. Negi, learned counsel for appellant s. Mr. G.S. Negi, learned Addl. C.S.C. for St at e of Ut t arakhand. Co r a m : H o n ’ b l e M a n o j K u m a r Ti w a r i , J. H o n ’ b l e A sh i sh N a i t h a n i , J. JUD GM EN T: ( p e r H o n ’ b l e Ju st i ce Sr i M a n o j K u m a r Ti w a r i )

1. These special appeals have been filed by writ pet it ioners, challenging t he j udgm ent and order dat ed

12.04.2017 passed in WPSS No.2218 of 2016 and ot her connect ed pet it ions.

2. Since com m on quest ion of law and fact s are involved in t hese special appeals, t herefore, t hese are being heard and decided t oget her by a com m on j udgm ent .

3. Appellant s applied t he post of Assist ant Teacher ( LT Grade) Physical Educat ion, pursuant t o advert isem ent s, issued by Regional Joint Direct or of Educat ion, Pauri and Nainit al. Since appellant s were not select ed and appoint ed, t herefore, t hey approached t his Court by filing separat e writ pet it ions seeking a direct ion t o appoint t hem as Assist ant Teacher ( LT Grade) Physical Educat ion; t heir writ pet it ions were dism issed by learned Single Judge by a com m on j udgm ent dat ed 12.04.2017. Operat ive port ion of t he said j udgm ent is reproduced below: - “ Pet it ioners part icipat ed in t he select ion for appoint m ent of L.T. Grade t o t he year 2004 pursuant t he writ process Teachers advert isem ent annexure 4 pet it ion. t o 2 Pet it ioners appeared t he writ t en exam inat ion. They have secured less qualit y m arks t han t he cut- off- m arks as per det ails given in paragraph 4 of t he count er affidavit . Accordingly, t here is no m erit in t hese hereby sam e t he pet it ions dism issed.”

4. Appellant s cont ended t hat t hey possessed post graduat e degree in different subj ect s, however, t hey were denied m arks for post graduat ion, while ot her candidat es, who were select ed, were given bonus m arks for post graduat e degree, which result ed in t heir select ion. I t is furt her cont ended t hat since appellant s are sim ilarly placed as ot her candidat es wit h post graduat e degree, t herefore, different ial t reat m ent m et ed out against t hem , is unj ust and unsust ainable.

5. Learned St at e Counsel however, refers t o t he provisions cont ained in The Ut t ar Pradesh Subordinat e Educat ional ( Trained Graduat es Grade) Service Rules,

1983. Appendix ( D) t o t he said Rules lays down t he form ula for det erm ining qualit y point s in t he select ion. As per said form ula, a candidat e wit h post graduat e degree is ent it led t o 15 addit ional m arks. Learned St at e Counsel subm it s t hat ot her candidat es, who were given qualit y point m arks for post graduat e degree, were having post graduat e degree in t he sam e subj ect , nam ely, Physical Educat ion, while appellant s were having post graduat e degree in subj ect s ot her t han Physical Educat ion, t herefore, appellant s were right ly not given any m arks for post graduat e degree. 3

6. We find subst ance in t he subm ission m ade by learned St at e Counsel. Since Rules provide addit ional 15 m arks t o a candidat e for post graduat e degree, t herefore, t he int erpret at ion given by t he aut horit ies t o t he said provision t hat such addit ional m arks would be given only t o such candidat es, who graduat e degree t he sam e subj ect / discipline cannot be fault ed. Since t he appellant s were having post graduat e degree in a different subj ect , t herefore, t he grievance raised by t hem against non- awarding of addit ional m arks for post graduat e degree, is wit hout any subst ance. The post graduat e degree in t he subj ect , in which a candidat e seeks appoint m ent , enhances his em ployabilit y as a t eacher as he t hen is bet t er equipped t o im part educat ion t o his st udent s.

7. However, learned counsel for appellant s subm it s t hat som e vacancies, which were advert ised, in t he year 2002 and 2004, are st ill available in bot h Kum aun and Garhwal region. I f t hat is so, appellant s shall be at libert y t o approach t he com pet ent aut horit y by m aking a represent at ion. The represent at ion, if m ade, shall be considered and decided as per law, wit hin four m ont hs of it s m aking.

8. Accordingly, special appeals st and disposed of. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

25.03.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH 4