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2025 DAILYLAW 13947 (UTT)

MAHENDRA SINGH AND OTHERS v. STATE OF UTTARAKHAND

WPSS/2504/2024 · 2025-01-07

Rakesh Thapliyal

body2025

Judgment text

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 WPSS No. 2504 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Bahuguna, learned counsel for the petitioners, Mr. Narain Dutt, learned Brief Holder for the State, Mr. Pankaj Miglani, learned counsel for respondent no. 4/Commission and Mr. Tushar Upadhayay, learned counsel for respondent no. 5. 2. The grievance of the petitioners is that they are aspirants to participate in the selection process for the post of Lecturer, for which, one of the essential qualifications is B.Ed. In the present selection process, the Recruiting Board issued the advertisement on 18.10.2024 and subsequently on 08.11.2024, a corrigendum was issued in view of the judgment dated 07.11.2024 passed by this Court in WPSS No. 2073 of 2024. 3. Learned counsel for the petitioners submit that as per the corrigendum, the last date of submission of online application form was 14.11.2024, which has already gone. He submits that the petitioner is having all the eligibility except the B.Ed. on the last date of submission of the application form i.e. 14.11.2024, however, he already took admission for B.Ed. course, but, the final result was declared on 12.12.2024, so on the last date, he was not having the B.Ed. degree. 4. The instant petition has been preferred that the last date be further extended so that the petitioner may also apply for the post of Lecturer. No doubt, the petitioner got B.Ed. degree after the last date and merely on this ground that the petitioner obtained the B.Ed. degree subsequent to the last date, this Court cannot direct to the Recruiting Body to extend the date. The issue as dealt with by this Court in the previous litigation was on a different issue and the issue was that though the advertisement was issued on 18.10.2024, but, the requisition pertains to the vacancies of the recruitment year of 2021-2022, therefore, for all purposes, particularly, for the purposes of determination of age, the first day of the recruitment year of 2021-22 has to be taken into consideration i.e. 01.07.2021. The judgment passed by this Court was complied with by the Recruiting Board by issuing the corrigendum on 08.11.2024 and the last date was also extended to 14.11.2024. 5. So far as the grievance of the petitioner is concerned, to some extent, his grievance appears to be genuine since the petitioner already took the admission for B.Ed. much prior to the earlier last date, which was extended to 14.11.2024, and, the final examination of the said B.Ed. course, according to Mr. Vikas Bahuguna, was conducted on 14.10.2024, which was also prior to the last date, however, the result was declared on 12.12.2024, for which, the petitioner cannot be made to suffer. 6. Since, as observed above, this Court cannot direct to extend the last date and this is for the respondent no. 1 and the recruiting body to take a decision for extending the date for which the petitioners can approach to respondent no. 1. For that purposes, the petitioners may make a fresh representation to the respondent no. 1. If such a representation is made by the petitioners, within a period of one week, then the respondent nos. 1 and 4 are directed to decide the same, after discussing the issue in a larger public interest after taking into consideration that the examination of B.Ed. was conducted by the concerned University on 14.10.2024, which is prior to the last date of submission of application form. 7. If the petitioner submitted representation within a week to the respondent no. 1, then, respondent nos. 1 and 4 are directed to discuss the issue and take the final decision within ten days thereafter. 8. Subject to the observation and the direction as above, the writ petition is disposed of accordingly. (Rakesh Thapliyal, J.) 07.01.2025 Ujjwal