HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition(S/S) No. 274 of 2025 Neha Bisht and others ….....Petitioners Versus State of Uttarakhand and others ….….Respondents Present:- Mr. Vinay Kumar, Advocate for the petitioners. Mr. Rajeev Singh Bisht, Additional C.S.C. for the State/respondent nos. 1 to 4. Mr. B.D. Pande, Advocate for the respondent no.5. Mr. Yogesh Pacholia, Advocate for the respondent no.6. Hon’ble Ravindra Maithani, J. (Oral) The petitioners responded to an advertisement issued by the respondent no.5, Uttarakhand Subordinate Service Selection Commission (“the Commission”) for recruitment to the post of Assistant Teacher, L.T. Grade, Physical Education. The essential qualifications as per Rules for the position are (i) Graduate degree from any University established by law in India; (ii) Graduate of at least one year in Physical Education (B.P. Ed.) or its equivalent from any institution recognized from National Council for Teachers Education. The petitioners hold four years B.P.Ed. (Integrated Course in Physical Education) which is a qualification for appointment on the post Teacher in Secondary School as per NCTE Regulations of 2014. 2. It is a grievance of the petitioners that their names have not been recommended for selection. 2 3. Learned counsel for the petitioners would submit that similar controversy has already been decided by this Court in Writ Petition (S/S) No. 1078 of 2016, Deepak Kumar Vs. State of Uttarakhand and others on 18.10.2016. He would submit that against 117 posts, the Commission has already recommended 106 names. There are still 11 vacancies unfilled. The matter may be decided in terms of the judgment dated 18.10.2016, passed in Writ Petition (S/S) No. 1078 of 2016, Deepak Kumar Vs. State of Uttarakhand and others. The petitioners will move their representation within a week from today. 4. Learned State counsel would submit that the representation that may be filed by the petitioners will be decided by the respondent no.1 within a period of two weeks. 5. The Court takes on record the statement given by the parties. 6. Learned counsel for the NCTE would submit that for the appointment to the post of Assistant Teacher, L.T. Grade, Physical Education, Regulations of 2014 are applicable and four years integrated course of B.P. Ed. with Physical Education with 50% marks is a valid qualification. It is an eligibility qualification. 7. Since similar controversy has been decided by this Court in Writ Petition (S/S) No. 1078 of 2016, Deepak Kumar 3 Vs. State of Uttarakhand and others on 18.10.2016, the petition is decided in terms of judgment dated 18.10.2016 passed in Writ Petition (S/S) No. 1078 of 2016, Deepak Kumar Vs. State of Uttarakhand and others. Till the representation of the petitioners is decided seven positions of the Assistant Teacher L.T. Grade, Physical Education shall be kept vacant, if not already filled up. (Ravindra Maithani, J) 07.03.2025 Jitendra