BHAWANA KOTHARI & ANOTHER; RAJJAN KUMAR KAFALTYA & ANOTHER; GIRISH CHANDRA & OTHERS; NARENDRA KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The present petitioners had appeared for an examination, which was conducted by Uttarakhand Technical Education Board (in short "Board") for the selection of Assistant Teacher (L.T. Grade) in the State of Uttarakhand. According to the petitioners, after selection, they were appointed as Assistant Teacher (L.T. Grade) in various Government Schools/Colleges in the State of Uttarakhand, depending upon their merits. The petitioners before this Court have primarily challenged the order dated 28.01.2016 which says that the results shall be declared in three phases. As per the order dated 28.01.2016, the appointments on the post of Assistant Teacher (L.T. Grade) have to be done in phased manner where in the first phase 1500 posts have to be filled, in the second phase 1000 posts have to be filled and in the third phase all the remaining posts have to be filled by the State Government. The order dated 28.01.2016 further states that the posts on which Guest Teachers/Visiting Teachers are working shall not be disturbed. In other words, no appointment shall be made on the posts, which are occupied by the Guest Teachers/Visiting Teachers, although, the aspect of Guest Teachers has already been discussed in detail in the interim order dated 29.02.2016 by this Court in WPSS No. 318 of 2016 (with connected matters), which needs a reproduction here. The relevant portion of the interim order dated 29.02.2016 reads as under:-

(2.) This Court vide the above interim order held that the order dated 28.01.2016 though prima facie is violative of law inasmuch as it does not assign any reason as to why the vacancies presently occupied by "Guest Teachers" are not to be filled even by the candidates who have been selected in a regular selection exercise, such as the present petitioners, however, give time to the State to file its counter affidavit.

(3.) Counter affidavit has been filed by the State. A vague excuse has been taken in the counter affidavit as regarding the appointment of Guest Teachers, though it is admitted by the State that none of the Guest Teachers have been appointed by way of a regular selection nor were there any considerations of reservation while making such appointments, which was purely to meet an emergency and it is a stop gap arrangement.