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2025 DAILYLAW 1373 (UTT)

STATE OF UTTRAKHAND v. JAHAN SINGH

SPA/33/2020 · 2025-06-06

G Narendar, Ravindra Maithani

body2025

Judgment text

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 33 of 2020 State of Uttarakhand and Others ...... Appellants Vs. Jahan Singh and Another ..... Respondents Present: Mr. J.P. Joshi, learned D.A.G. with Mr. Gajendra Tripathi, learned Standing Counsel for the State/appellants. Ms. Devika Tripathi, learned counsel for the respondent no.2/writ petitioner. Corum: Hon’ble G. Narendar, C.J., C.J. Hon’ble Ravindra Maithani, J. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this special appeal is made to the order dated 09.07.2019, passed in Writ Petition (S/S) No.157 of 2016, Jahan Singh and Another Vs. State of Uttarakhand and Others. By it, while allowing the writ petition filed by the respondents/writ petitioners, Mandamus was issued to the appellants to give posting to the respondent no.2/writ petitioner at his home District Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the respondent no.2/writ petitioner that pursuant to the advertisement issued for recruitment to the post of Assistant Teacher throughout the State of Uttarakhand, the respondent no.2 also applied. He secured 65.5667 marks. He had opted for District Dehradun, but he was not given his first choice of posting, instead, he was given the posting in District Tehri Garhwal, and some candidates, who had secured less marks than him were given posting at Dehradun. By the impugned order, the Court observed that, “Since the 2 candidates who are lower in the merit list have been given posting in their home District, the petitioner is also entitled to get his posting in his home District.” 4. Today, learned counsel for the respondent no.2/writ petitioner has placed for the perusal of the Court a document issued by the District Education Officer (Basic Education) Dehradun on 15.05.2025 to argue that there are 103 vacancies of Assistant Teacher in District Dehradun. 5. Learned State Counsel would submit that the respondent no.2/writ petitioner would be posted in District Dehradun against the vacant position. 6. In view of the statement given by learned State Counsel, nothing survives in this special appeal. It stands disposed of, accordingly. 7. The exercise of posting of the respondent no.2/writ petitioner shall be done by the appellants within two weeks from today. (Ravindra Maithani, J.) (G. Narendar, C.J.) 06.06.2025 Ravi Bisht