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2016 DIGILAW 494 (UTT)

Rajendra Singh Bisht v. State of Uttarakhand

2016-08-20

SUDHANSHU DHULIA

body2016
JUDGMENT : 1. In all the above writ petitions, the petitioners before this Court are Class-IV employee in the Education Department at various places in the State of Uttarakhand. Admittedly, there is a channel of promotion available for Class-IV employees, who after facing a competitive examination subject to their qualification in the examination are promoted to Class-III posts. As per rules, 25 percent posts of the existing Class-III employees are to be filled from amongst the Class-IV employees. Out of 25 percent posts, 15 percent of the posts of Class-III are reserved for such Class-IV employees who have done their High School i.e. Class-X, and 10 percent posts are reserved for such Class-IV employees who have done their Intermediate i.e. Class XII. The only issue before this Court is whether a candidate (Class-IV in the department) who has intermediate qualification is also eligible to compete against the 15 percent vacancies of High School, since he also has High School qualification. In other words, he is eligible for all the 25 percent of vacancies. 2. A similar controversy has already been decided by this Court vide order dated 30.07.2013 in WPSS No. 417 of 2008 (Mohd. Irshad & another Vs District Judge, Champawat & another) and has held that a person who has intermediate qualification is liable to be considered against all the 25 percent of vacancies. Mohd. Irshad was also followed later in another bunch of writ petitions in WPSS No. 1295 of 2014 (Dinesh Kumar Joshi Vs State of Uttarakhand & others) along with connected matters. 3. Mr. N.P. Sah, learned counsel for the State submits that the matter is squarely covered by the judgment passed by this Court in WPSS No. 417 of 2008 (Mohd. Irshad & another Vs District Judge, Champawat & another). Learned counsel for the State further submits that there are 17 posts are still lying vacant in which the present petitioners will be accommodated. 4. In view thereof, the present writ petitions are liable to be disposed in the same terms and conditions as made in the WPSS No. 417 of 2008 (Mohd. Irshad & another Vs District Judge, Champawat & another). 5. It is also made clear that the petitioners shall be evaluated as per their marks procured by them in the selection process and they shall be evaluated against the last selected candidate. Irshad & another Vs District Judge, Champawat & another). 5. It is also made clear that the petitioners shall be evaluated as per their marks procured by them in the selection process and they shall be evaluated against the last selected candidate. In case, the petitioners have secured higher marks than the private respondents, they shall be the one who were to be promoted and not the private respondents. All this is being done, as Mr. N.P. Sah, learned counsel for the State has given a statement that there are 17 posts are lying vacant with the department. It is further made clear that the authority concerned shall consider the private respondents on Class-III posts which are lying vacant, instead of reverting them to the Class-IV posts. 6. With the above observation, the writ petitions stand disposed. No order as to costs.