VEER KUMAR Vs. V.S. RAWAT

JUDGEMENT

(1.) The learned Single Judge of this Court had passed a final order dtd. 16/3/2017 in Writ Petition (SS) No. 1739 of 2014, Veer Kumar Vs. State of Uttarakhand and others, directing the respondents to post the petitioner in District Haridwar on the basis of his merits in the selection process within the period of four weeks from the date of the order on the basis of condition 'A' of the advertisement dtd. 1/2/2014, whereby by virtue of its condition the posting of the candidate select was required to be made on the basis of percentage secured by the candidate in the final merit of the selected Assistant Teachers.

(2.) The petitioner contended that he has secured 53.93% marks, but still the persons who have obtained lesser marks, whose names were quoted therein in the writ petition, as well as in the order dtd. 16/3/2017 they have been posted at Haridwar and the petitioner was deprived of his posting as per his place of choice based on merits.

(3.) The learned Single Judge held that this act of the respondents is absolutely arbitrary and a direction was issued to post the petitioner at Haridwar. Accordingly, the said order was challenged in a Special Appeal being Special Appeal No. 546 of 2017, State of Uttarakhand and others Vs. Veer Kumar before the Division Bench of this Court and the said Special Appeal was dismissed by the judgement dtd. 28/8/2018.