2025:UHC:9764 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 7 1 3 / 2 0 2 5 W PSS 1 7 1 4 / 2 0 2 5 W PSS 1 7 5 9 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Shubhang Dobhal, Advocate, for the petitioners. Mr. Rajeev Singh Bisht, Additional CSC, for the State. (2) Since common questions of fact and law are involved in these writ petitions, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/ S) No. 1713 of 2025 alone are being considered and discussed here. (3) District Education Officer (Elementary), in all 13 districts of Uttarakhand State, invited applications for appointment as Assistant Teacher, Govt. Primary School, by issuing separate advertisements. Petitioner applied for all the districts except District Dehradun. Selection was based on the quality point marks, which were determ ined on the basis of scholastic performance in different examinations. According to petitioner, his name figured in 3rd and 4th Merit-cum- Counselling list in District Rudraprayag, Uttarkashi and Pithoragarh, however, since counselling was held in different districts with a gap of one or two days, therefore, petitioner could not appear for counselling in District Uttarkashi and District Pithoragarh. In this writ petition, petitioner contends that four candidates with lesser quality point marks than petitioner have been appointed in District Uttarkashi, therefore petitioner is entitled for 2025:UHC:9764 appointment as Assistant Teacher, Govt. Primary School in District Uttarkashi. (4) Learned Counsel for the petitioner submits that in District Pithoragarh also, two candidates with lesser score of marks than petitioner have been appointed, therefore petitioner is entitled for appointment in District Pithoragarh as well. (5) Per contra, learned State Counsel submits that petitioner did not appear for counselling/ documents verification in District Uttarkashi and District Pithoragarh; he further submits that all successful candidates were asked to appear for counselling in the O/ o District Education Officer on a particular date and time; petitioner chose not to appear for counselling in District Uttarkashi and District Pithoragarh, therefore he cannot now complain that candidates with lesser marks than him have been appointed in these two districts. He further submits that doctrine of election comes into play and since petitioner chose to appear for counselling in Rudraprayag alone, therefore, he cannot now stake claim for appointment in District Uttarkashi and District Pithoragarh. (6) Learned Counsel for the petitioner submits that even after completion of selection process, there are several unfilled vacancies of Assistant Teacher in Govt. Primary Schools in all the districts including District Uttarkashi and District Pithoragarh, therefore the authorities be directed to issue appointm ent letter to the petitioner against any one of those vacancies. (7) Learned State Counsel, however, relies upon a judgment rendered by this Court in Writ Petition (S/ S) 1730 of 2025 2025:UHC:9764 and submits that in sim ilar circumstances, relief was denied to a candidate who did not appear for counselling on the scheduled date and time. (8) Be that as it may, since candidates having lesser merit than petitioner have reportedly been appointed in District Uttarkashi and District Pithoragarh, therefore, writ petitions are disposed of with liberty to the petitioner to stake claim for appointment in any one district by making a representation to the District Education Officer concerned. If he makes such representation, District Education Officer concerned shall consider petitioner’s claim and take appropriate decision, as per law, within eight weeks from the date of presentation of certified copy of this order. (9) It goes without saying that other persons, whose interest is likely to be affected by the decision to be taken by District Education Officer on petitioner’s representation, shall also be given opportunity of hearing. ( Man oj Ku m ar Tiw ar i, J.) 6 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.06 18:05:17 +05'30' 2025:UHC:9764