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2026 DAILYLAW 3070 (UTT)

SONAM v. STATE OF UTTARAKHAND

WPSS/865/2026 · 2026-03-25

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2130 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 865/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Aditya Singh, Advocate, for the petitioner. Mr. Pradeep Hairiya, Standing Counsel, for the State. (2) Petitioner has challenged Government Order dated 28.10.2024, issued by Secretary, Basic Education, Government of Uttarakhand, wherein it is provided that in the district level selection for appointment as Assistant Teacher, the Government Order dated 16.2.2004 shall be followed while granting benefit of reservation to candidates, who were permanent residents of other States but acquired caste certificate in State of Uttarakhand, upon their marriage to a person belonging to State of Uttarakhand. Petitioner has also challenged the consequential order, issued by Director, Basic Education. (3) Learned Counsel for the petitioner submits that petitioner was born and brought up in the State of Uttar Pradesh and her parents are ordinarily residents of State of Uttar Pradesh; petitioner belongs to Scheduled Caste community by birth and upon her marriage to a Scheduled Caste person in State of Uttarakhand, she acquired caste certificate from Tehsildar, Ramnagar in District Nainital and permanent resident certificate was also issued in her favour by the competent authority in the State of Uttarakhand, therefore she is entitled to benefit of reservation in the State of Uttarakhand and 2026:UHC:2130 the Government Order, which provides to the contrary, is unsustainable. (4) Learned State Counsel submits that this Court has dealt with identical issue in WPSS No. 462 of 2025 and other connected writ petitions. He submits that since the same Government Order, which is impugned here, was challenged in those writ petitions, therefore, this writ petition also deserves to be decided in terms of the judgment rendered in WPSS No. 462 of 2025. (5) This Court finds substance in the submission made by learned State Counsel. Since the issue raised by the petitioner is no long res integra and has been dealt with in the aforesaid writ petitions, therefore, present writ petition is also decided in terms of the judgment dated 12.11.2025, passed in WPSS No. 462 of 2025. (Manoj Kumar Tiwari, J.) 25.3.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53 , cn=PRABODH KUMAR Date: 2026.03.25 17:06:20 +05'30' 2026:UHC:2130