HARISH CHANDRA SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was a candidate for the post of Assistant Teacher LT Grade (English). These posts were advertised by the Government of Uttarakhand vide advertisement dated 30th September, 2010 and the selection was to be made by a body known as "Uttarakhand Technical Education Board'. The last date for submission of application form was 05.11.2010. Petitioner applied under the quota for ex -service man. According to the petitioner, he has scored much higher marks than the marks of the last selected candidate in the ex -service man quota, yet his name could not be found in the select list. Hence, the present writ petition.

(2.) IN the counter affidavit two main objections have been raised by the respondents regarding candidature of the petitioner. First is that on the date when petitioner applied as an ex -service man, he was still in service and had not became an ex -serviceman. The petitioner actually retired on 31.05.2011, he had admittedly applied prior to it. Regarding this objection the petitioner has produced before this Court a letter dated 19th September, 2008 which is an administrative order of the Air Chief Marshal FH MAJOR, which gives permission to a non commissioned, Airman who has completed seven years of service from the date of enrolment to apply for a civil post under Central/State Government and Public Sector Undertakings. In view of this order and in view of the no objection, the petitioner had applied for the post of Assistant Teacher LT Grade (English). There does not seem to be anything wrong in this and hence the first objection raised by the State authorities to this effect has no force. Petitioner was liable to be treated as an ex -service man.

(3.) REGARDING the second objection that the petitioner was not having English as a subject in his graduation, the petitioner evidently has done his Bachelor in Arts from Pune University. The Degree issued to this effect shows that he has done graduation with three subjects, Politics, Hindi and English. He has also annexed marks sheets of three years from which it is shown that petitioner was having "general English", which was a compulsory subject and also "optional English" as another subject. This continues in all the three years. To further substantiate his argument, the petitioner has also placed the syllabus of "optional English" before this Court, which carries papers in poetry, literature, etc.