Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPSB No.202 of 2023 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J.
Mr. T.P.S. Takuli, learned counsel for the petitioner.
2. Mr. K.N. Joshi, learned D.A.G. for the State.
3. Petitioner was appointed as Assistant Teacher L.T. Grade (Physical Education) in a Government Institution in the year 1998 in erstwhile State of U.P. After state reorganization his service came to be transferred to State of Uttarakhand.
4. According to the petitioner, he was given ad-hoc promotion as Lecturer (Chemistry) on 29.08.2005; however before he could be considered for regular promotion to that post, new set of rules knows as The Uttarakhand Special Subordinate Education (Lecturer Cadre) Service Rules 2008, were framed whereby a new condition was inserted of having L.T. Diploma of B.Ed Degree for promotion as Lecturer.
5. Since petitioner possesses Bachelor of Physical Education (B.P.Ed) qualification and not B.Ed or L.T., therefore, he has challenged relevant provisions of the Rules framed in the year 2008.
6.
Learned counsel for the State, however, submits that requirement of having B.Ed or L.T. qualification was later on removed in 2010 by amending 2008 Rules and the impugned condition does not exist anymore in the service Rules.
7. Learned State counsel further submits that after amendment in the Rules made in the year 2010, petitioner was considered and promoted as Lecturer (Chemistry) vide
order dated 14.03.2012, against a vacancy of selection year 2010-11.
8. He thus submits that writ petition is misconceived as petitioner has challenged a provision of the Rules which was removed long back and he was promoted also after amendment in the Rules.
9. Thus learned counsel for the State submits that writ petition is misconceived and is liable to be dismissed.
10. We find substance in the submission made by
learned counsel for the State. After amendment in the Rules made in the year 2010, whereby impugned condition was removed, petitioner cannot question the Rules by filing a writ petition in the year 2023, more so when petitioner was regularly promoted as Lecturer (Chemistry) in 2012.
11. Accordingly writ petitions fails and is hereby dismissed.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.06.2026 SK