STATE IF UTTARAKHAND Vs. DEEP CHANDRA TEWARI

JUDGEMENT

(1.) Leave granted.

(2.) The Director, School Education, Uttrakhand, issued an advertisement dated 7th August, 2008, inviting applications from eligible persons for appointment as Assistant Teachers (General) by way of direct recruitment. Para 5 of the advertisement referred to the educational qualifications, operative portion of which reads as follows:-

(3.) In response to the aforesaid advertisement, Respondents applied mentioning the qualifications as B.Ed. with Specialisation in Vocational Education. Since the Respondents did not hold the decree as per the prescribed rules and notification, applications submitted by the Respondents were not considered. Aggrieved by the same, the Respondents filed Writ Petition No. 1035 of 2007 before the High Court of Uttrakhand at Nainital. Learned Single Judge of the High Court vide order dated 1.9.2008 allowed the Writ Petition and set aside the rejection of the candidature of the Respondents for the post of Assistant Teacher (L.T. Grade). Direction was also given to the Appellant to process the applications submitted by the Respondents. Aggrieved by the said order, the Appellants took up the matter in appeal before the Division Bench of the High Court. The Division Bench dismissed the appeal, against which this appeal has been preferred.