STATE OF UTTARAKHAND Vs. DHARMENDRA SINGH

JUDGEMENT

(1.) PRAFULLA C. Pant, J. All these four special appeals, pre ferred under Chapter VIII Rule 5 of the High Court Rules, are directed against the common judgment and order dated 27-03-2006, passed by learned Single Judge of this Court in four writ petitions; Writ Petition No. 1540 (S/s) of 2004, Writ Petition No. 1723 of 2002 (S/b), Writ Petition No. 495 of 2005 (S/s) and Writ Petition No. 1500 of 2005 (S/s ). By said impugned order learned Single Judge has directed the present appel lants to consider the candidature of the writ petitioners for appointment as As sistant Teachers L. T. Grade, against the vacant posts.

(2.) HEARD learned counsel for the parties.

(3.) IN the counter affidavits filed in the writ petitions on behalf of respond ents no. 2 to 4, it is admitted that ap pointments were made to the post of Assistant Teachers C. T. Grade (Art) con sidering the I. G. D. E. as recognised qualification. But it is stated that said appointments were not in the L. T. Grade and were not made under U. P Subor dinate Educational (Trained Graduate Teachers) Rules, 1983. It is further stated that the impugned appointments are to be made under the Rules 1983. As to the I. G. D. E. being recognised under the Rules of U. F INtermediate Education Act, 1921, it is stated that said Rules apply to recognised non Gov ernment INstitutions while the petition ers are seeking appointments in the Government INstitutions. It is further stated by the answering respondents that there is no mention of I. G. D. E. in the Rules of 1983, as compared to Rules framed under U. P INtermediate Educa tion Act, 1921, recognizing I. G. D. E. as a requisite qualification for L. T. Grade. It is further stated in the counter affida vit that the Rules of 1983 are framed under Article 309 of the Constitution of INdia and have the force of law.