2026:UHC:1877 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 4 8 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. None present for the petitioners. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioners are permanent resident of State of Uttarakhand. According to them, they possess all requisite qualification for appointment as Assistant Teacher in Government Primary School. The issue raised by the petitioners in this writ petition is that the candidates, who are not eligible and are permanent resident of other States and have obtained D.El.Ed. qualification from other States, are being considered for appointment which has resulted in denial of appointment to deserving candidates in the State. 4. It is contended that only a permanent/ ordinary resident of State of Uttar Pradesh can take admission in D.El.Ed. course in an Institution within State of Uttar Pradesh, therefore, anyone who has obtained D.El.Ed. from State of Uttar Pradesh is not eligible for appointment in State of Uttarakhand, as permanent resident status is a condition of eligibility. 5. The relief sought in the writ petition are as follows: - (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to immediately exclude all 2026:UHC:1877 candidates who are not permanent resident of Uttarakhand from 2020-21, 2021-22, 2024-25 and all ongoing and future recruitment processes fro Assistant Teacher (Primary). (ii) Direct an inquiry into the illegal inclusion of non-residents in the year 2020-21, 2021-22, 2024-25 and all ongoing and future recruitment processes for Assistant Teacher (Primary and take appropriate disciplinary action against officials responsible for this lapse. (iii) Declare the participation and selection of non- resident candidates in the recruitment process for Assistant Teacher (Primary is illegal, void ab initio, and unsustainable in law, and accordingly, quash their appointments and restrain the from continuing in service. (iv) Direct the Respondents to ensure strict compliance with domicile rules in all future recruitment processes, particularly for teaching posts. (v) Direct the Respondents to conduct a fresh verification process to ensure compliance with domicile recruitments. (vi) Direct the Respondents to initiate legal proceedings against candidates who have fraudulently claimed dual domicile and take appropriate penal action against those who have deliberately misrepresented their residency status to obtain government jobs in Uttarakhand. 6. This Court is not inclined to go into the issue raised by petitioners in this writ petition. Eligibility for appointment is to be seen with reference to the applicable Rules. 7. Having regard to the prayer made in the writ petition, this Court thinks that ends of justice would be met, if petitioners are permitted to approach Director, Elementary Education by making representation. 8. The writ petition is, accordingly, disposed of with liberty to the petitioners 2026:UHC:1877 to make representation before the Director (Elementary). If they make representation, decision thereupon shall be taken by the concerned Director, within two months of making such representation with certified copy of this order. It shall be open to the Director to hear petitioners as well as the persons who are likely to be affected by the decision to be taken by him. ( Man oj Ku m ar Tiw ar i, J) 18.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.18 07:55:53 -07'00'