NEETU PATHAK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No. 574 of 2019 alone are being considered.

(2.) Petitioners possess B.Ed. qualification from different universities established by law. According to them, they are eligible for appointment as Assistant Teacher in Government Primary Schools run by State of Uttarakhand; however, their eligibility for appointment has been taken away by Rule 9 Column-2 of Uttarakhand Government Elementary Education School (Teachers) Service Rules, 2012, as amended in 2018. By Rule 9 Column-2, as amended in 2018, a condition was added in the Rules that, anyone who has scored less than 50% marks in graduation would not be eligible for appointment, however, for candidates belonging to Scheduled Castes and Scheduled Tribes community, the minimum qualifying marks in graduation was prescribed as 45%.

(3.) Petitioners have challenged the said condition on the ground that it is in contravention to notification issued by National Council for Teacher Education on 13/11/2019 and further that it is in conflict with the spirit and provisions of Right of Children to Free and Compulsory Education Act, 2009. Petitioners contended that the condition, which has been added through amendment, made in 2018, is in the teeth of judgment rendered by learned Single Judge of this Court in Writ Petition (S/S) No. 772 of 2011, 'Baldev Singh and others v. State of Uttarakhand and others' and also the judgment rendered by Hon'ble Supreme Court in the case of Neeraj Kumar Rai v. State of Uttar Pradesh and others in Civil Appeal No. 9732 of 2017.