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2025 DAILYLAW 4496 (UTT)

PRIYANKA AND OTHERS v. STATE OF UTTARAKHAND

WPSS/422/2025 · 2025-04-29

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 68 WPSS No. 422 of 2025 Hon’ble Ravindra Maithani, J. Dr. Udyog Shukla, Advocate for the petitioners. Mr. N.S. Pundir, D.A.G. for the State/respondents. 2906 posts of Assitant Teacher, Primary Schools were advertised in different districts of the State of Uttarakhand. The advertisement was made by each district separately. It is the case of the petitioners that in all the districts of the State of Uttarakhand, counseling was kept on the same date, which restricted the candidates to attend the counseling in more than one district despite their call from other districts. It is further the case of the petitioners that each candidate has a fair chance of selection because the vacancies are more than the number of candidates applied for the post of Assistant Teacher, Primary School. But, it is apprehended that it might not happen because in the first round of counseling, the meritorious candidates were given appointment and in the second, third, fourth and fifth rounds of the counseling, they were again invited for counseling in all the districts so that higher merit candidates participated in every counseling and received the appointment in every counseling. The selected candidates either did not join in the service or they resigned from the post in the earlier districts. Thereby various posts were kept vacant. The petitioners seek directions that The District Education Officers should scrutinize the vacancies and if the candidates do not join, the other candidates who have not been offered appointments be called for the counseling. Learned counsel for the petitioners would submit that since many candidates have been offered appointments from more than one district, therefore, many positions remained vacant. But against those vacancies, which fall vacant due to non-joining of the candidates, counselling is not being done. He restricts his prayer that the respondents authorities should invite candidates for filling up such positions of the Assistant Teacher, Primary Schools which could not be filled up due to non joining of the selected candidates. Learned State counsel was required to get instructions on multiple occasions. Today, learned State counsel gives a statement that if any candidate, after offering appointment, do not join, that position is scrutinized as vacant and against those vacant positions, counseling is further being carried out, which is still underway. The Court takes on record the statement given by learned State counsel. In view of the statement given by learned State counsel, nothing survives in this petition. The petition stands disposed of accordingly. Learned counsel for the petitioners apprehends that the petitioners may not be called for counselling due to the reason that they had approached this Court. This Court observes that this apprehension has no basis. If a person vantilates his grievance in the Court, it does not prejudice any it is enforcing one’s own right. Therefore, merely because the petitioners approached this Court, they may not be denied any of their entitlement. (Ravindra Maithani, J.) 29.04.2025 Jitendra