SHAILENDRA SINGH AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS special appeal under Rule 5 Chapter VIII of the High Court Rules has been filed against the judgment and order dated 19 -06 -2006 passed by the learned Single Judge of this Court in Writ Petition No. 51 (S/S)/2005, Munni Upreti (Munni Pathak) Vs. State of Uttaranchal and others whereby the learned Single Judge has allowed the writ petition.

(2.) A writ petition bearing No. 51 of 2005 (S/S) was filed before the learned Single Judge by the writ petitioner - Munni Upreti for the following reliefs:

(3.) THE writ petitioner - Munni Upreti (respondent No.9 in this appeal) after completion of graduation and post graduation, passed Shiksha Visharad from Hindi Sahitya Sammelan, Allahabad (Hindi University) in the year 1993. It is alleged that the Shiksha Visharad is equivalent to B. Ed. Syllabus of the University. An advertisement was published in the newspaper on 05 -08 -2004 by the respondent No.4 - Principal Zila Shiksha and Parshikshan Sansthan, Didihat, Pithoragarh inviting the applications for Special B.T.C. and the minimum qualification required for the B.T.C. is graduation degree with B. Ed./L.T. Degree or B. Ed. by the correspondence from recognized university. The petitioner fulfilled all the conditions required in the advertisement published in the newspaper. The petitioner moved the application to the respondent No.4 - the Principal Zila Shiksha and Parshikshan Sansthan, Didihat, Pithoragarh before the last date of submission of the application. But the respondent No.4 - the Principal Zila Shiksha and Parshikshan Sansthan, Didihat, Pithoragarh did not consider the candidature of the writ petitioner - Munni Upreti on the ground that she passed her Shiksha Visharad (B. Ed.) Examination from the Hindi Sahitya Sammelan, Allahabad. Feeling aggrieved by this, the petitioner filed a writ petition before this court.