2025:UHC:10644 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1196/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Dushyant Mainali, learned counsel for the petitioner. 2. Mr. Saurav Adhikari, learned Central Government Standing Counsel for the Union of India. 3. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 4. Mr. Yogesh Pacholia, learned counsel for the respondent-NCTE. 5. Petitioner is a Graduate with D.El.Ed. and CTET qualification, thus, according to her, she is eligible for appointment as Assistant Teacher in a Government Primary School. According to her, several candidates with B.Ed. qualification, have also been appointed as Assistant Teacher in different Government Primary Schools, within State of Uttarakhand with the aid of interim orders passed by this Court, while some participated without there being any interim order. 6. Learned counsel for the petitioner submits that Hon’ble Supreme Court in the case of Devesh Sharma v. Union of India & others, reported as 2023 SCC Online SC 985 held that B.Ed. is not a valid qualification for appointment as Assistant Teacher in Government Primary Schools. He further submits that in a review petition, filed in the above case, 2025:UHC:10644 Hon’ble Supreme Court, passed the following order on 08.04.2024:- “As it appears that a larger number of candidates with B.Ed. degree had already been appointed on the basis of eligibility criteria specified by the educational authorities, we do not think it to be equitable to effect their removal. We, accordingly hold that the judgment delivered by this Bench on 11th August, 2023 shall have prospective operation. But prospective operation of this judgment shall be only for those candidates who were appointed without any qualification or conditions imposed by any Court of Law to the effect that their appointment would be subject to final outcome of the case which might have had been instituted by them and such candidates were in regular employment without any disqualification and were appointed in pursuance of a notice of advertisement where B.Ed. was stipulated to be valid qualification. Services of only such candidates shall not be disturbed because of this judgment. We make it clear that this benefit is only for the candidates who were appointed prior to the date our judgment was delivered, on 11th August, 2023. Mere selection of such candidates or their participation in the process will not entitle them for a benefit under out present order.” 6. By means of this writ petition, petitioner has sought the following relief:- (i) Issue a writ order or direction in the nature of mandamus declaring the appointment of such Assistant Teachers in Government Primary Schools in the State of Uttarakhand, who are B.Ed. qualification holder and who have been appointed as such on the strength of Notification dated 28.06.2018 issued by the NCTE, to be illegal and unjust. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to rearrange the selection list of Assistant Teachers in Government Primary Schools by excluding the candidates participated / appointed in the selection process having qualification of B.Ed. 7. This Court cannot go into the issue 2025:UHC:10644 raised by petitioner in this writ petition, as the persons, who allegedly have been wrongly appointed, even though they are not qualified are not impleaded as party respondent. 8. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to Director, Elementary Education. If she makes representation within ten days from today, decision thereupon shall be taken by Director, within nine months from the date of receipt of such representation along with certified copy of this order. It goes without saying that persons, who are likely to be affected by the decision to be taken by Director, shall be given opportunity of hearing before passing any order. (Manoj Kumar Tiwari, J) 28.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.28 04:23:13 -08'00'