KANHAYA LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Brief Holder for the respondents.

(2.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought the following reliefs:-

(3.) BRIEF facts of the case are that the services of Assistant Teachers in L. T. Grade in Government Colleges, are governed under the U. P. Subordinate Educational (Trained Graduates Teachers) Service Rules, 1983, applicable to the State of Uttarakhand. Part V of said Rules deals with the provisions regarding the procedure for recruitment. It appears that Joint Director, Education, Garhwal Mandal, issued an advertisement on 18. 10. 1997, for recruitment of Assistant Teachers in L. T. Grade. As per the advertisement, applications were to be submitted latest on 20. 11. 1997. The petitioner was also applicant in said recruitment and he submitted his application within time (before 10. 11. 1997) and the marksheet of B. Ed. examination was also submitted by him by 20. 11. 1997. However, application of the petitioner appears to have been rejected on the ground that the marksheet of B. Ed. was received after expiry of the last date. Meanwhile, selection process went on and in the year 2002, appointments were made in pursuance to the advertisement. The representation, which was made on 18. 06. 2002, by the petitioner, was rejected by respondent No. 3. Consequently, this writ petition was filed in the year 2003. It is further stated in the writ petition that the petitioner has been wrongly deprived from participating in selection process. It is further stated that as per the selection procedure, the quality points of the petitioner are 58. 54, while that of the candidates last selected is 55. 64, as such, the petitioner is entitled to be appointed as Assistant Teacher in L. T. Grade.