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2025 DAILYLAW 16931 (UTT)

PAWAN KUMAR v. STATE OF UTTARAKHAND

WPSS/2226/2025 · 2025-12-17

Manoj Kumar Tiwari

body2025

Judgment text

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] SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS Modification Application (MCC/ 2/ 2026) In W PSS/ 2 2 2 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J Mr. Rahul Consul, Advocate for the petitioner. 2. Mr. C.S. Rawat, Chief Standing Counsel and Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand. 3. Petitioner applied for appointment as Guest Teacher in the following districts of State of Uttarakhand: (i) Pithoragarh; (ii) Almora; (iii) Bageshwar; (iv) Champawat; (v) Nainital; and (vii) Udham Singh Nagar, but, he could not be selected. 4. By means of this writ petition, petitioner sought quashing of order dated 25.10.2025, passed by Director, Secondary Education and he also sought a writ of mandamus to appoint him against sanctioned vacant post of Lecturer (English) in District Champawat. The writ petition was disposed of with liberty to the petitioner to make representation, vide order dated 17.12.2025. 5. Today, the matter is listed on a Modification Application. 6. Learned counsel for the petitioner contends that since the selection process for appointment as Guest Teacher commenced in 2018, therefore, any Government Order, subsequently issued, cannot affect the ongoing selection. He submits that by Government Order dated ] 25.04.2025, the Departmental Officers have been directed not to offer appointment on contract/ daily wages against sanctioned vacant posts. He submits that the said Government Order will come in the way of the Director, Secondary Education, while taking decision on petitioner’s representation. 7. Learned Chief Standing Counsel, however, submits that there is no vacancy available in District Champwat as Neha Vishwakarma and Lokesh Kumar with 18.091 & 18.0635 quality point marks were appointed against vacancy reserved for S.C. category. He submits that in the absence of any vacancy on a reserved post, petitioner’s claim cannot be considered for appointment in District Champawat. 8. Be that as it may, since the writ petition was disposed of vide order dated 17.12.2025 with a direction to the Director concerned to take decision on petitioner’s representation, therefore, it is clarified that the Director shall take decision on petitioner’s representation, independent of any Government Order, which may come in the way of the claim of the petitioner being allowed. The time for making representation is extended by one week from today and the representation if made within stipulated time, shall be decided within three weeks. 9. Modification application stands disposed of. ( Man oj Ku m ar Tiw ar i, J) 11.02.2026 Navin