2025:UHC:10029 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 1899 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. 2. Mr. Saurav Adhikari, Standing Counsel for the Union of India/respondent no. 1. 3. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos. 2, 3 & 4. 4. Mr. Saurabh Budhori, Advocate, holding brief of Mr. Yogesh Kumar Pacholia, Advocate for respondent no. 5. 5. According to the petitioner, she successfully completed Nursery Teachers Training Course from an institution recognized by NCTE. Since there are no avenues of appointment available to the petitioner, therefore, she has approached this Court seeking the following reliefs:- “(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to appoint the petitioner as pre-primary teacher after creating the post of teacher for pre- primary classes i.e. Balvatika, as the petitioner is having the requisite qualification for teaching the pre-primary classes (Balvatika) as per the NCTE Act. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide/manage the qualified teachers of pre-primary classes (Balvatika) run in co- located aaganbari centres to the Government Primary Schools in Uttarakhand as has been prescribed by the National Council for Teacher's Education (N.C.T.E.), i.e. (i) Secondary School 2025:UHC:10029 (Class ten) certificate ог its equivalent; and (ii) Diploma/Certificate in Pre-School teacher education programme of a duration of not less than one year read with Section 12 A of the National Council for Teacher's Education Act, as the respondents cannot do contrary to the mandatory provisions of the NCTE Act and further the respondents cannot depute such un qualified persons as teacher for pre-primary classes, who are not having requisite qualification as has been prescribed under law, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.” 6. Learned State Counsel is right in submitting that State is under no duty to create posts for accommodating persons with Nursery Teachers Training qualification. He submits that Pre- Primary Classes are not being run in any Government institution, therefore, there is no question of appointing NTT qualification holders under State. 7. Learned Counsel for the petitioner, however, refers to a document, which is a reply given under Right to Information Act for contending that in Bageshwar “Bal Vatika” is being run in a Primary School. He submits that ”Bal Vatika” refers to Pre-Primary Classes, where NTT qualification holders can be accommodated. 8. This Court cannot grant the relief, as claimed for. There cannot be any direction to the State Government to create posts for accommodating NTT qualification holders. 9. Without going into the issues raised by the petitioner, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to the competent authority under the State 2025:UHC:10029 Government. 10. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the District Education Officer, Bageshwar. If petitioner makes representation within two weeks from today, District Education Officer concerned shall look into the matter and pass appropriate orders, as per law. It shall be open to the District Education Officer to seek guidance from the Director, Elementary Education. (Manoj Kumar Tiwari, J.) 13.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875 643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.14 09:57:11 +05'30'