OM PRAKASH PURWAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioners have sought mandamus commanding the respondents to consider their cases for appointment on the post of Assistant Teacher, L.T. Grade (Hindi Language), after awarding quality points to them for their Post Graduate Degree.

(2.) BRIEF facts of the case, as 'narrated in the writ petition are that the recruitment for the post of Assistant Teacher, L.T. Grade is governed by the U.P. Subordinate Education (Trained Graduates Grade), Service Rules, 1983. The respondent No. 3 issued an advertisement on 24 -06 -2002 publishing the same in daily newspapers on 25 -06 -2002 (copy Annexure - 1 to the writ petition), inviting applications for the post of Assistant Teachers L.T. Grade in Garhwal Mandal/Kumaon Mandal for various subjects, including Hindi (language). The educational qualification for the post of Asst. Teacher L.T. Grade Hindi Language Is Graduation with the said subject. Apart from this a candidate is required to have Sanskrit as a subject in the Intermediate and diploma in L.T. or B. Ed. The petitioners, according to the petition, fulfilled the requisite qualifications and eligibility for the appointment to the post of Assistant Teacher, L.T. Grade, Hindi (language). Petitioners, in addition to the essential qualifications, also possess Post Graduate Degree in Sanskrit. Petitioner No. 1 has done his Post Graduation in Sanskrit as well as in Hindi. The quality point marks are awarded to the candidates under Rule 15 of the above mentioned Rules of 1983 with Appendix 'D' thereto in the following manner: -

(3.) A counter affidavit has been filed on behalf of respondents No.1 and 2 in which contents of the writ petition as to the advertisement inviting applications for the post of Assistant Teacher, L.T. Grade, Hindi (Language) are admitted. It is also not denied if the petitioners do not fulfill essential qualifications. However, it is stated in the counter affidavit, that the quality points for the Post Graduate Degree in Sanskrit cannot be counted for the post of Assistant Teacher, L.T. Grade, Hindi (language).