Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5290-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB 384/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
Mr. Rajesh Joshi, Advocate, for the petitioner. Mr. P.S. Bisht, Additional CSC, for the State. Ms. Priyanka Agarwal, Advocate, for the respondent no. 3.
(2) Petitioner possesses four years Bachelor Degree in Fine Arts and she is also having Post Graduate Degree in Fine Arts. By means of this writ petition, filed in 2020, she has sought the following reliefs:
“(a) To issue a writ, order or direction in the nature of Mandamus declaring the amendment in clause 8(5) in “Uttarakhand Subordinate Education (Trained Graduate Category) (Amendment) Service Rule 2014 (notified on 13 may 2014) through Uttarakhand Subordinate Education (Trained Graduate Category) (Amendment) Service Rule 2019 (Annexure no. 1) as Ultra vires to the constitution of India and same amendment by which the qualification of 4 year Graduation in fine art and post-graduation in fine Art has been omitted may kindly be struck down.
(b) To issue a writ order or direction in the nature of Certiorari quashing the provision of rule 8(Five) of “Uttarakhand Subordinate Education (Trained Graduate Category) (Amendment) Service Rule 2014 amended through Uttarakhand Subordinate Education (Trained Graduate Category) (Amendment) Service Rule 2019 by which the eligibility of candidates amended through Uttarakhand notified on 23.12.2019 (Annexure
2025:UHC:5290-DB no. 1) by which 4 year Graduation in fine art and post-graduation in fine Art has been omitted.
(c) To issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to participate in examination for the post of assistant teacher (Art) (Trained Graduate category) in pursuance to the advertisement dated 13.10.2020 (Annexure no. 6) issue by the respondent no. 3.”
(3)
Learned Counsel for the petitioner submits that Rule 8(v) of Uttarakhand Subordinate Education (Trained Graduate Category) (Amendment) Service Rules, impugned in the writ petition, was subsequently amended vide notification dated
25.2.2021. Thus he submits that in view of the subsequent amendment made in the rules in 2021, relief as sought in the writ petition do not survive. Ms. Priyanka Agarwal, learned Counsel appearing for USSB, also makes similar statement.
(4) In view of the statement made by learned Counsel for the parties, writ petition is dismissed as infructuous.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
23.06.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C919 57BE53, cn=PRABODH KUMAR Date: 2025.06.24 10:15:48 +05'30'
2025:UHC:5290-DB