DEEPIKA BISHT W/O SHRI GOKUL SINGH BISHT Vs. STATE OF UTTARAKHAND; DIRECTOR OF SCHOOL EDUCATION; JOINT DIRECTOR SCHOOL EDUCATION

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, commanding the respondents to include the marks obtained by the petitioner in her B.Ed. degree, in assessing her merit, and she may be appointed on the post of Assistant Teacher (Science.. Also, a writ in the nature of certiorari has been sought quashing the order 2

(2.) Heard learned counsel for the parties and perused the affidavit and counter affidavit, on record.

(3.) Brief facts of the case are that the petitioner is domicile of Uttarakhand. She passed her M.Sc. in Botany in the year 2003 from Kumaon University, securing first Division. She did her B.Ed. in the year 2006, from University of Kashmir, Srinagar. Result of said course was declared on 06.09.2006. Meanwhile, on 11.08.2006, an advertisement was published in the daily newspaper "˜Dainik Jagaran "™, inviting applications for the post of Assistant Teachers. A Corrigendum was issued on 02.09.2006, by the respondent authorities clarifying that the candidates who have obtained the degree of B.Ed. from University of Jammu and Kashmir may also apply for the post of Assistant Teacher. As such, according to the petition, she was fully qualified for the post of Assistant teacher (Science. for which selection was to take place in pursuance to the advertisement, mentioned above. The petitioner "™s case is that as per the conditions in the advertisement, a candidate was required to have completed essential qualifications, including B.Ed. on 8th of September 2006 i.e. the last date of submission of application. It is stated that due to incessant rain in Kashmir, the petitioner could not obtain the marksheet 3