HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1092 of 2025 (S/S) Jagdeesh Lal ….......Petitioner Vs. State of Uttarakhand and others …..... Respondents Present : Mr. C.D. Bahuguna, Senior Advocate assisted by Mr. Chandra Shekhar Dalakoti, Advocate for the petitioner. Mr. Narain Dutt, Standing Counsel for the State/respondent nos.1 to 3. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The main challenge in this petition is made to the impugned order dated 11.06.2025, passed by respondent no.3, the District Education Officer, Uttarkashi, by which, the appointment/candidature of the petitioner has been rejected and he has been directed to Show Cause within a week. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner submits that the petitioner was serving as Teacher. His appointment/candidature has been rejected without affording an opportunity of hearing. Therefore, the order is bad in the eyes of law and deserves to be set aside. 4. Learned State Counsel submits that since the petitioner was not given an opportunity of hearing before 2 passing the impugned order, the matter may be remitted back to the authority concerned, so that the petitioner may be afforded an opportunity of hearing and, thereafter, a reasoned and speaking order may be passed. He submits that a fresh notice may be given to the petitioner by the respondent authority within a week from the date of passing of the order of this Court. He further submits that once the response is filed by the petitioner to the Show Cause Notice, within next two weeks, a decision shall be taken on it by the respondents. 5. Learned Senior Counsel appearing for the petitioner submits that if such an opportunity is given to the petitioner, prior to it, the impugned order has to be set aside. He further submits that in response to the Show Cause Notice that may be given to the petitioner by the respondents, the petitioner may be given liberty to raise all the defenses, that are available to him. 6. The Court takes on record the statement given by the learned counsel for the parties. 7. By the impugned order, the appointment/candidature of the petitioner has been cancelled and, thereafter, he was given a Show Cause Notice. Apparently, the impugned order has been passed, 3 in defiance to the principles of natural justice. It is the case of the petitioner that he had already been appointed as Assistant Teacher; he was functioning and suddenly, by the impugned order, his candidature/appointment has been cancelled. 8. In view of the statement given by learned State Counsel, the impugned order is set aside. The respondents shall give a Show Cause Notice to the petitioner within a week. Within two weeks, thereafter, the petitioner shall submit his response to the Show Cause Notice raising all the defenses available to him and, thereafter, in the next two weeks, the matter may be decided. 9. With the above observations, the petition stands disposed of. (Ravindra Maithani, J.) 01.07.2025 Ravi Bisht