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2025 DAILYLAW 470 (UTT)

ARCHNA RANI v. STATE OF UTTARAKHAND

WPSS/2249/2025 · 2026-01-09

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSS No. 2249 of 2025 Hon ’ble Alok Mah r a, J. Mr. Dushyant Mainali, learned counsel for the petitioner. 2. Mr. N.S. Pundir, learned D.A.G. for the State. 3. Petitioner has approached this Court assailing the Circular dated 16.01.2025 issued by the Director, School Education, Uttarakhand. By the said Circular, directions have been issued to respondent no. 4 and other concerned authorities to initiate departmental proceedings against Assistant Teachers who have obtained their D.El.Ed. qualification from institutions situated outside the State of Uttarakhand. The Circular further contemplates issuance of show cause notices in cases where teachers have furnished two different residence certificates—one from Uttarakhand and another from a different State. 4. Learned counsel for the petitioner would submit that the impugned Circular is arbitrary and without jurisdiction. It is contended that the petitioner, having obtained the requisite qualification from a duly recognized institution, is being subjected to discriminatory action merely on the basis of the location from where such qualification was acquired. 5. Learned State Counsel, on the other hand, would submit that only a show cause notice has been issued to the petitioner in terms of the said Circular. The petitioner has already submitted his reply thereto, and the Competent Authority has not yet passed any final order in the matter. 6. Upon consideration of the rival submissions, this Court is of the view that the writ petition, at this stage, is premature. The issuance of a show cause notice does not in itself amount to an adverse order so as to warrant interference in the exercise of writ jurisdiction. No final decision affecting the rights of the petitioner has yet been taken by the Competent Authority. 7. However, the apprehension expressed by learned counsel for the petitioner that the Disciplinary Authority may be influenced by the Circular while deciding the reply. This Court is of the view that every authority exercising quasi-judicial powers is duty-bound to act independently and strictly in accordance with law. 8. Accordingly, the writ petition is disposed of with a direction that the Disciplinary Authority shall consider and decide the petitioner’s reply to the show cause notice strictly in accordance with law. The District Education Officer concerned shall not be swayed solely by the observations made in paragraph 5 of the letter dated 16.01.2025 issued by the Director, Elementary Education. He shall specifically examine whether the petitioner had claimed that he or his parents were residing permanently in the State of Uttar Pradesh at the time of applying for the certificate in the State of U.P. A reasoned and speaking order shall be passed after affording due opportunity of hearing to the petitioner. 9. It is made clear that this Court has not expressed any opinion on the merits of the matter. 10. With the aforesaid observations and directions, the writ petition stands disposed of. 11. There shall be no order as to costs. ( Alok Mah r a J.) 09.01.2026 Ujjwal