RUPESH KUMAR Vs. STATE OF UTTARAKHAND & ORS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:

(2.) Brief facts of the case, as narrated in the writ petition, are that on 30.10.2016 an advertisement was issued inviting applications from the eligible candidates for different teaching posts including the post of Lecturer (Sociology) in A.N.K. Inter College Gularbhoj, District Udham Singh Nagar. Pursuant to the advertisement, the petitioner applied for the post of Lecturer (Sociology). According to the petitioner, the candidates who were below in merit to the petitioner were called for interview but the petitioner was not issued call letter for the interview. The petitioner then moved representation to respondent no.2 whereby he prayed to cancel the merit list and to prepare the new merit list. But, when no heed was paid on petitioner's representation, he was constrained to file writ petition being WPSS No.263 of 2017 before this Court. In the said writ petition, the Court directed the respondents to decide the representation of the petitioner by passing a reasoned and speaking order within four weeks. Pursuant to Court's order dated 17.05.2017, the respondent no.2 decided the representation of the petitioner by a detailed order dated 08.06.2017, and rejected the representation of the petitioner on the following grounds, firstly that the petitioner was not registered with the employment exchange before the date of advertisement, secondly the petitioner had not enclosed the certified copy of B.Ed. marksheet and thirdly that the petitioner in the same year while doing teaching work has pursued his B.Ed, which is illegal as per law.

(3.) Counter affidavit has been filed by respondent no.4 wherein at para-3 and 5, it is stated as follows: