2025:UHC:6093-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/478/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. B.D. Pande and Mr. Kaushal Pande, Advocates for petitioner. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for State. Mr. Saurabh Budhori, Advocate holding brief of Mr. Yogesh Kumar Pacholia, Advocate for respondent No. 13. 2. Petitioner has challenged validity of Rule 9(A)(two) of Uttarakhand Government Elementary Education (Teachers) (Amendment) Service Rules, 2019, which provides that a candidate with 50 percent or more marks in graduation alone will be eligible for appointment as teacher in elementary school. 3. Learned State Counsel, however, submits that petitioner do not possess the necessary qualification for appointment as teacher in elementary school i.e. D.El.Ed and he possessed only B.Ed qualification which has been held to be not valid for such appointment by Hon’ble Supreme Court in the case of Devesh Sharma Vs. Union of India and Others, Civil Appeal No. 5068 of 2023, reported in 2023 SCC OnLine SC 985. 4. Learned State Counsel has drawn attention of this Court to a judgment rendered by this 2025:UHC:6093-DB Court in WPSB No. 479 of 2021 and WPSB No. 498 of 2021. 5. He submits that identical issue has been dealt with in the said judgment and the same is applicable to the facts of present case with full force. Learned counsel for the petitioner do not dispute the submission made by learned counsel for the respondent. 6. In such view of the matter, writ petition is decided in terms of the judgment rendered in WPSB No. 479 of 2021 and WPSB No. 498 of 2021. However, it is made clear that any of the petitioners who have been appointed on merit, shall not be disturbed on account of this order. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 14.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c , postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BA BA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.16 18:50:34 +05'30'