ANKUSH KANDPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The State of Uttarakhand while exercising it's powers under the proviso to Article 309 of the Constitution of India, had made an amendment in Uttarakhand Government (Primary Education) Teachers' (Fifth Amendment) Service Rules, 2018. By virtue of the amendment, which was carried, Rule 15 was amended and the amendment thus permitted to be carried by Modification dtd. 14/12/2018 reads as under:-

(2.) In fact the amendment, which was made enforceable law by a Gazette Notification of 14/12/2018 and as soon as it is notified the amendment falls to be within the public domain. Hence, as a consequence of publication of Gazette Notification by the State, a person cannot take the liberty to contend that the amendment, thus made under Rule 15 providing for the classification of giving preferences to the appointment based on the qualifications held by the candidates, who have admittedly responded to the advertisement issued by the respondent on 20/11/2020, they cannot be permitted to plead that it was not within the knowledge of the petitioner or any such other candidate, who has responded to the advertisement on their own, which was issued by the State. In the case at hand, the respondent no. 2 had issued a publication being an Advertisement No. Primary Education 2-357/vigyapti dated 2020-2021 dtd. 19/12/20. As a consequence of the issuance of the advertisement, the applications were invited from the probable eligible candidates under the terms of the advertisement, to be considered for recruitment as an Assistant Teacher (Primary School) as against the total number of vacancies, which were advertised for the respective Districts.

(3.) The petitioner contents that in pursuance to the advertisement which was published in relation to the different districts, where the posts were advertised, the petitioner had responded to the advertisement. After having participated in the counselling, which was conducted on 2/12/2021, the petitioner has preferred this writ petition praying for the following relief:-