BABITA JOSHI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Appellant is the writ petitioner. Respondent no. 1 issued advertisement calling for applications for the post of Assistant Teacher and other courses in various disciplines. Considering herself to be qualified, as she had cleared the Uttarakhand Teachers Eligibility Test (for short "U.T.E.T.") in 2013, she applied for the post of Assistant Teacher (Music). There was a written test, in which appellant participated. Result was declared. Appellant scored 115 marks. The cut-off marks were declared as 120 marks. Certain candidates, according to the appellant, were disqualified, as they had not qualified the U.T.E.T. Examination. Appellant relied on the detailed list of 11 candidates for the post of Assistant Teacher (Music), who had obtained marks above the cut-off marks, but were disqualified on verification of documents and only one candidate, namely, Deeksha Joshi, who had duly given U.T.E.T., was selected. The writ petition came to be filed when the 11 candidates were selected on the basis of relaxation from essential qualification provided by the N.C.T.E. under Rule 27 of the Uttarakhand Subordinate Education (Trained Graduate Grade) Service Rules, 2014 (hereinafter referred to as 'the Rules'). It is, accordingly, that the appellant sought the following reliefs in the writ petition:

(2.) The learned Single Judge considered the writ petition alongwith batch of other writ petitions, where other questions relating to the selection arose, and dismissed the writ petition. The learned Single Judge took the view that a mandatory condition cannot be relaxed, as that would be in complete violation of Right to Education Act as well as in violation of notification of N.C.T.E. dated 23.08.2010, as amended from time to time; but, the following reasoning was, thereafter, adopted:

(3.) Thereafter, the learned Single Judge also proceeded to hold as follows: