AMAR SINGH GARIYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the interlocutory order passed by the learned Single Judge in Stay Application No. 3792 of 2019 in Writ Petition (S/S) No. 645 of 2019 dtd. 27/3/2019.

(2.) Before we examine the challenge to the validity of the order under appeal, it is necessary for us to take note of the relevant facts. The appellants-writ petitioners are all Shiksha Mitras appointed in the State of Uttarakhand before the year 2010. They invoked the jurisdiction of this Court by way of Writ Petition (S/S) No. 645 of 2019 seeking a writ of certiorari to quash the order passed by the first respondent dtd. 8/3/2019 directing the second respondent to consider the posts, held by the appellant-writ petitioners, to be vacant, and for an advertisement to be issued for conducting recruitment; and a mandamus directing the respondents to permit the appellants-writ petitioners to continue, in the post of Assistant Teachers (Provisional), Government Primary Schools, in their respective schools.

(3.) The qualification for being appointed as an Assistant Teacher, in terms of the NCTE Regulations, is a pass in the Teachers Eligibility Test (hereinafter called the "TET"). The appellants-writ petitioners, who are working as Shiksha Mitras, have, admittedly, not passed the TET. Mr. U.K. Uniyal, learned Senior Counsel appearing on their behalf, would submit that the State of Uttarakhand had appointed Shiksha Mitras, from those who had completed their graduation but did not possess the TET qualification, considering the peculiar situation prevailing in the State of Uttarakhand, as a substantial part of the State is in hilly terrain, some of the schools are inaccessible, and as qualified teachers were not available to teach students in these schools. Learned Senior Counsel would submit that earlier, while a learned Single Judge of this Court had opined that appointment of Shiksha Mitras should be examined in the light of the peculiar situation prevailing in the State of Uttarakhand, another learned Single Judge had insisted on compliance with the NCTE Regulations holdilng them to be mandatory.