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2018 DIGILAW 183 (UTT)

Giri Raj Singh Bisht v. State of Uttarakhand

2018-04-09

ALOK SINGH

body2018
JUDGMENT : Alok Singh, J. 1. By means of this writ petition, petitioner has challenged the appointment order of respondent no. 5 as Assistant Teacher in Government Model Upper Primary School and sought his appointment in her place. 2. Petitioner is working as Assistant Teacher, Science & Mathematics, in Upper Primary School, Tunalka, Block Naugaon, P.O. – Bhatiya, Tehsil Badkot, District Uttarkashi. Petitioner is Graduate in Political Science and Education. Applications were invited to fill up the vacancy of Assistant Teacher in Government Model Upper Primary School, Gangani, Naugaon, District Uttarkashi. Petitioner applied for the same but his candidature was rejected on the ground that he is not a Science Graduate. 3. Heard Mr. Davesh Bishnoi, Advocate for the petitioner, Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand and Mr. Niranjan Bhatt, Advocate for respondent no. 5. 4. As per Clause 9 of the Uttarakhand Government Elementary Education Teachers Service Rules, 2012, the educational qualification for the post of Assistant Teacher (Science / Mathematics) in Government Model Upper Primary School is Graduate with Science subjects. Admittedly, petitioner is an Art Graduate whereas respondent no. 5 is a Science Graduate. Petitioner did not possess the required educational qualification of Graduation with Science subjects and he is Graduate with Political Science and Education. Therefore, I do not find any illegality or perversity in the impugned order. Accordingly, petition fails and is hereby dismissed.