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2026 DAILYLAW 4666 (UTT)

KUSAMA DEVI v. STATE OF UTTARAKHAND

WPSS/62/2026 · 2026-01-09

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:415 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 NO.6 2 of 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Deep Chandra, learned counsel for the petitioner. 2. Mr. Narain Dutt, learned Standing Counsel along with Mr. N.K. Papnoi, learned Brief Holder for the State. 3. According to the petitioner, she was appointed as Shiksha Mitra in Government Primary School, District Nainital in the year 2011. 4. It is the case of the petitioner that she possess all eligibility conditions for regular appointment as Assistant Teacher, Government Primary School; she qualified TET-I and she also possess D.El.Ed. qualification, which is sufficient for appointment as Assistant Teacher. Petitioner has relied upon a Government Order dated 16.08.2019, wherein it was provided that such Shiksha Mitra, who possess two years D.El.Ed. qualification and have also passed TET may be given regular appointment. 5. By means of this writ petition, petitioner has sought the following relief:- “i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant appointment to the petitioner on the post of Assistant Teacher, Government Primary School, like other Shiksha Mitra.” 6. Learned State Counsel would submit that since the petitioner has sought a writ of mandamus, the petitioner may be directed to submit a representation before the competent authority, who may thereafter be directed to consider and decide the same. 7. Learned counsel for the petitioner, 2026:UHC:415 however, submits that the petitioner may be permitted to submit a representation before the concerned authority. 8. Accordingly, the writ petition is disposed of with liberty to the petitioner to submit a representation before the District Education Officer (Elementary), Nainital, within a period of two weeks from today. In case such representation is submitted within the stipulated time, the District Education Officer concerned shall consider and decide the same, in accordance with law, within a further period of eight weeks thereafter. [ ( Alok Mahr a, J.) 09.01.2026 Mamta