2025:UHC:10459 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.2006 of 2025 Hon’ble Alok Mahra, J. Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand. 2. The petitioner has approached this Court assailing the Circular dated 16.01.2025 issued by the Director, School Education, Uttarakhand. By the said Circular, directions have been issued to the respondent no.4 and other concerned authorities to initiate departmental proceedings against Assistant Teachers, who have obtained their D.El.Ed. qualification from institutions situated outside the State of Uttarakhand. The Circular also refers to the issuance of show cause notices in cases where Teachers have furnished two certificates of residence – one from Uttarakhand and another from another State. 3. Learned counsel for the petitioner submits that the impugned Circular is arbitrary and suffers from lack of jurisdiction. It is further contended that the petitioner, having obtained the necessary qualification from a recognized institution, is being subjected to discriminatory action merely due to the place where such qualification was acquired. 4. Learned State Counsel, on the other hand, submits that a mere show cause notice has been issued to the petitioner 2025:UHC:10459 in terms of the said Circular. The petitioner has already submitted his reply to the said notice, and the Competent Authority has not yet passed any final order on the same. 5. Upon consideration of the respective submissions, this Court is of the view that the writ petition, at this stage, is premature. The issuance of a show cause notice does not, by itself, amount to an adverse order warranting interference by this Court in exercise of its writ jurisdiction. No final decision affecting the rights of the petitioner has yet been taken by the Competent Authority. 6. However, the apprehension expressed by learned counsel for the petitioner that the Disciplinary Authority may be influenced by the Circular while deciding his reply. The Court is of the opinion that every authority exercising quasi-judicial powers is duty-bound to act independently and in accordance with law. 7. Accordingly, the writ petition is disposed of with the direction that the disciplinary authority shall consider and decide the petitioner’s reply to the show cause notice strictly in accordance with law, uninfluenced by the observations or directions contained in the Circular dated 16.01.2025 or by any other extraneous consideration. It is further observed that the authority shall pass a reasoned and speaking order, after affording due opportunity of hearing to the petitioner. 8. It is made clear that this Court has not expressed any opinion on the merits of the controversy. 2025:UHC:10459 9. With the aforesaid observations and directions, the writ petition stands disposed of. 10. There shall be no order as to costs. (Alok Mahra, J.) 24.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.24 17:00:00 +05'30'