RAJENDRA SINGH BISHT; ISH MOHAN KUKRETI; HARISH CHANDRA; BALBEER SINGH; RAM AVTAR ANAND; SURENDRA DUTT BIJALWAN; MANGU RAM; MAHESH NATH BHANDARI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) In all the above writ petitions, the petitioners before this Court are Class-IV employee in the Education Department at various places in the State of Uttarakhand. Admittedly, there is a channel of promotion available for Class-IV employees, who after facing a competitive examination subject to their qualification in the examination are promoted to Class-III posts.

(2.) A similar controversy has already been decided by this Court vide order dated 30.07.2013 in WPSS No. 417 of 2008 (Mohd. Irshad & another Vs District Judge, Champawat & another) and has held that a person who has intermediate qualification is liable to be considered against all the 25 percent of vacancies. Mohd. Irshad was also followed later in another bunch of writ petitions in WPSS No. 1295 of 2014 (Dinesh Kumar Joshi Vs State of Uttarakhand & others) along with connected matters.

(3.) Mr. N.P. Sah, learned counsel for the State submits that the matter is squarely covered by the judgment passed by this Court in WPSS No. 417 of 2008 (Mohd. Irshad & another Vs District Judge, Champawat & another). Learned counsel for the State further submits that there are 17 posts are still lying vacant in which the present petitioners will be accommodated.