JITENDRA SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in the instant petition is made to the Government Order dtd. 21/12/2018, by which, the process for recruitment of Assistant Teacher (LT Grade) initiated pursuant to the advertisement dtd. 23/2/2014 has been stopped. The petitioners have also sought other directions for conducting counselling/verification of documents against the advertisement dtd. 23/2/2014.

(2.) The facts necessary to appreciate the controversy briefly stated are as follows. The respondent no.5, Uttarakhand Technical Education Board (for short, "the Board") invited applications by an advertisement dtd. 23/2/2014 for appointment to the post of Assistant Teachers (LT Grade). The selection was to be conducted on 3089 vacancies. 10% horizontal reservation was made available to the candidates claiming the benefit of Uttarakhand Rajya Andolankari. It was subject to the final outcome of the Writ Petition (PIL) No.67 of 2011. The petitioners applied in response to the advertisement. A Written Examination was conducted by the Board. The Board declared result on 18/4/2016 on all vacancies in different subjects except the vacancies, which were earmarked under 10% horizontal reservation for Uttarakhand Rajya Andolankari. The selected candidates were invited for documents verification on various dates. After verification, the candidates were recommended. In all, 10 times this exercise was undertaken as hereunder:- <FRM>JUDGEMENT_128_LAWS(UTN)4_2022_1.html</FRM>

(3.) It may be noted that initially the process for documents verification was not done with regard to the vacancies earmarked for the Uttarakhand Rajya Andolankari. This Court in its judgment passed in Writ Petition (S/S) No.398 of 2015, Manish Rawat vs. State of Uttarakhand and others, declared the horizontal reservation in favour of the Uttarakhand Rajya Andolankari as un-constitutional and ultra vires.