2026:UHC:2519 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 2163/2025 WPSS 2279/2025 WPSS 2280/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Nikhil Bhatt, Advocate, i/b Mr. Dushyant Mainali, Advocate for the petitioners. Mr. Narayan Datt, Standing Counsel, for the State. (2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/S) No. 2163 of 2025 alone are being considered and discussed here. (3) Petitioner is resident of State of Uttar Pradesh and he received his entire education, including High School, Intermediate and D.El.Ed., from the same State. District Education Officer (Primary), Almora issued an advertisement on 7.11.2025, inviting applications from eligible persons for appointment as Assistant Teacher in Government Primary Schools. As per the advertisement, which is on record as Annexure-1 to the writ petition, only such candidate would be eligible for appointment who is either permanent resident/domicile of Uttarakhand or his name is registered with any employment exchange within State of Uttarakhand before the last date of submission of application, or he has passed 10th or 12th examination from any school within State of Uttarakhand. Since petitioner does not meet any one of these 2026:UHC:2519 three eligibility conditions, therefore, he has approached this Court challenging the relevant clause (Clause ‘Ga’) of the advertisement. He has also sought a direction to the competent authority not to reject his candidature on the ground that he does not meet the requirement of Clause ‘Ga’ of the advertisement. (4) Learned State Counsel contends that the condition of eligibility, as mentioned in the advertisement, is based on statutory rules, notified on 28.6.2019, therefore challenge to the condition mentioned in the advertisement cannot be sustained. (5) Learned Counsel for the petitioner, however, submits that the condition of registration with employment exchange within State of Uttarakhand or the condition of being permanent resident of State of Uttarakhand is not mentioned in the statutory rules, notified on 28.6.2019. (6) Perusal of the notification dated 28.6.2019 reveals that the rules regarding eligibility for public services, framed in 2010, were amended in 2019. Even though some of the conditions of eligibility, mentioned in the advertisement, are not referable to the amendment rules, however, the fact remains that petitioner does not meet the condition of the rules as well as the condition as mentioned in the advertisement. Since eligibility of a candidate has to be tested based on the advertisement or the applicable rules and the condition mentioned in the advertisement cannot be said to be so unreasonable so as to warrant interference while exercising power of judicial review, therefore, this Court do not find any good 2026:UHC:2519 ground to grant the relief as prayed for. Every candidate, for appointment to public services, has to meet the eligibility conditions as determined by the employer; since petitioner does not meet any one of three conditions mentioned in the advertisement or in the rules, therefore, this Court do not find any good ground to interfere in the matter. Writ petitions thus fail and are dismissed. (Manoj Kumar Tiwari, J.) 8.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3a eab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58805 2DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.08 19:09:38 +05'30' 2026:UHC:2519