High Court · 2025

Mr. Shubhang Dobhal, Advocat e, for t he pet it ioners. Mr. Raj eev Singh Bisht , Addit ional CSC, for t he St at e. ( 2) Since com m on quest ions of fact and law are involved in t hese writ pet it ions, t hese are being heard and t herefore, com m on decided j udgm ent . How ever, for brevit y, fact s of Writ Pet it ion ( S/ S) No. 1713 of 2025 alone are being considered and discussed here. t oget her t his issuing Dist rict dist rict s ( 3) Officer Educat ion 13 ( Elem ent ary) , Ut t arakhand St at e, inv it ed applicat ions for appoint m ent as Assist ant Teacher, Govt . separat e Prim ary School, advert isem ent s. Pet it ioner applied for all t he dist rict s except Dist rict Dehradun. Select ion was based on t he qualit y point m arks, which w ere det erm ined on t he basis in different of scholast ic perform ance exam inat ions. According t o pet it ioner, his in 3 rd and 4 t h Merit- cum - nam e in Dist rict Rudraprayag, Counselling Ut t arkashi and Pit horagarh, however, since counselling was held in different dist rict s w it h a gap of one or t wo days, t herefore, pet it ioner could not appear for counselling Dist rict Ut t arkashi Pit horagarh. I n t his writ pet it ion, pet it ioner cont ends t hat four candidat es wit h lesser qualit y point m arks t han pet it ioner have in Dist rict Ut t arkashi, been appoint ed t herefore pet it ioner ent it led Dist rict figured appoint m ent as Assist ant Teacher, Govt . Prim ary School in Dist rict Ut t arkashi. ( 4) Learned Counsel for t he pet it ioner subm it s t hat in Dist rict Pit horagarh also, t wo candidat es w it h lesser score of m arks t han pet it ioner have been appoint ed, t herefore appoint m ent in Dist rict Pit horagarh as well. pet it ioner ent it led verificat ion Per cont ra, learned St at e Counsel ( 5) subm it s t hat pet it ioner did not appear for counselling/ docum ent s Dist rict Ut t arkashi and Dist rict Pit horagarh; t hat all successful furt her subm it s t o appear candidat es w ere asked counselling in t he O/ o Dist rict Educat ion t im e; Officer on a part icular dat e and t o pet it ioner counselling in Dist rict Ut t arkashi and Dist rict Pit horagarh, t herefore he cannot now com plain t hat candidat es w it h lesser m arks t han him have been appoint ed in t hese t wo dist rict s. He furt her subm it s t hat doct rine of elect ion com es int o play and since pet it ioner chose alone, counselling t herefore, he cannot now st ake claim for appoint m ent in Dist rict Ut t arkashi and Dist rict Pit horagarh. Rudraprayag t o appear appear Learned Counsel for t he pet it ioner ( 6) t hat even aft er com plet ion of subm it s select ion process, t here are several unfilled vacancies of Assist ant Teacher in Govt . Prim ary Schools in all t he dist rict s including Dist rict Ut t arkashi and Dist rict Pit horagarh, t herefore t o issue appoint m ent let t er t o t he pet it ioner against any one of t hose vacancies. t he aut horit ies be direct ed Learned St at e Counsel, however, ( 7) relies upon a j udgm ent rendered by t his Court in Writ Pet it ion ( S/ S) 1730 of 2025 and subm it s t hat in sim ilar circum st ances, relief was denied t o a candidat e who did not appear for counselling on t he scheduled dat e and t im e. Be Dist rict t hat having it m ay, lesser m erit ( 8) t han candidat es pet it ioner have report edly been appoint ed Dist rict Ut t arkashi Pit horagarh, t herefore, writ pet it ions are disposed of wit h libert y t o t he pet it ioner t o st ake claim for appoint m ent in any one dist rict by m aking a represent at ion t o t he Dist rict Educat ion Officer concerned. I f he Dist rict m akes Educat ion Officer concerned shall consider pet it ioner ’s claim and t ake appropriat e decision, as per law, w it hin eight weeks from t he dat e of present at ion of cert ified copy of t his order. represent at ion, I t goes w it hout saying t hat ot her ( 9) persons, whose t o be int erest affect ed by t he decision t o be t aken by Dist rict Educat ion Officer on pet it ioner ’s represent at ion, opport unit y of hearing. likely ( M a n o j K u m a r Ti w a r i , J.) 6 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR