POONAM Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner was a candidate for the post of Assistant Teacher L.T. Grade (General) which was reserved for a Scheduled Caste candidate. The selection was to be made in a private though grant in aid college, namely, A.N.K. Inter College Gularbhoj, District Udham Singh Nagar. The process for selection of teachers in a grant in aid college is given under 2009 Regulations framed under Uttarakhand School Education Act, 2006, particularly Regulation 10 of 2009 Regulations.

(2.) In the counter affidavit, the stand taken by the Government is that this approval could not be granted as one of the experts in the selection committee Sri Banshidhar Kaloni did not give any marks to any of the candidates.

(3.) When the matter had came up before this Court, in order to go to the truth of the matter, this Court directed Sri Banshidhar Kaloni, one of the subject experts as well as the Chief Education Officer, Udham Singh Nagar to be present before this Court. Both were present before this Court on 16.11.2017. On 16.11.2017, Mr. Bansidhar Kaloni gave categorical statement before this Court that he did not give any marks to the candidates as he came to the conclusion that the selection process was not fair and he was being pressurized by the management. This Court on 16.11.2017 passed the following orders :