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Uttarakhand High Court · body

2016 DIGILAW 567 (UTT)

RAJ KUMAR JOSHI v. STATE OF UTTARAKHAND

2016-09-08

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) The petitioner had applied for the post of Assistant Teacher L.T. Grade (English) in the ongoing selection process. Though the petitioner was selected, he was not given appointment for the reason that the petitioner was not having English Literature as one of the main subjects in graduation. Petitioner is a graduate from Delhi University with English-A, Hindi-A, Economics and Political Science as his subjects, as shown in his marksheet. 2. The case of the petitioner before this Court was that though the petitioner has done his graduation in English, yet the respondent authorities in a wholly arbitrary manner have not considered his qualification. In other words, the case of the petitioner was that he has done his graduation with English as one of the subjects, which includes English Literature and it is only a difference in nomenclature where his marksheet does not show English Literature but English-A. According to the petitioner, he has all the eligibility requirements including graduation in English Literature. This Court, therefore, vide order dated 08.04.2015 had disposed his earlier writ petition being WPSS No. 484 of 2015 directing the Director of School Education (Secondary Education) to look into the matter carefully, appoint a committee of experts to evaluate the credentials of the petitioner to ascertain as to whether the petitioner has studied English Literature in graduation and thereafter take a decision in the matter. 3. In compliance of the said order, a committee was constituted to look into the every aspect of the matter, and came to the conclusion that the petitioner has done his graduation with General English as one of his subjects whereas the requirement under the Rules is that a person who wants to become an Assistant Teacher L.T. Grade (English) must have done his graduation from a recognized University with “English Literature” as one of his main subjects, which should be throughout the period of studies. The Committee has come to the conclusion that the petitioner does not fulfill the requirement as he has not done his graduation with English Literature as one of the main subjects. The Committee also tried to distinguish English Literature from other subjects such as Functional English, English Language, Compulsory English, Elective English and General English, etc. The Committee has come to the conclusion that the petitioner does not fulfill the requirement as he has not done his graduation with English Literature as one of the main subjects. The Committee also tried to distinguish English Literature from other subjects such as Functional English, English Language, Compulsory English, Elective English and General English, etc. and has clarified that under the Rules only the person who has done his graduation with English Literature is liable to be given appointment on the post of Assistant Teacher L.T. Grade (English). 4. The petitioner has admittedly not done his graduation with English Literature as one of the main subjects. In view of the aforesaid, no interference is called for in the matter. 5. Writ petition is, therefore, liable to be dismissed and is hereby dismissed.