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2026 DAILYLAW 6332 (UTT)

SHASHI PANDEY v. UNION OF INDIA

WPSS/774/2026 · 2026-06-02

Manoj Kumar Tiwari

Transfer Petitionbody2026

Judgment text

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2026:UHC:4368 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 774/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. TPS Takuli, Advocate, for the petitioner. Mr. Dinesh Bankoti, Brief Holder, for the State. Mr. Manoj Kumar, Central Govt. Standing Counsel, for the Union of India. (2) Petitioner possesses Nursery Teachers Training Certificate, which is reportedly issued by Uttarakhand Board of Secondary Education, Ramnagar in the year 2006. According to petitioner, she is eligible to be appointed as Assistant Teacher in Pre- primary Classes, however her claim for appointment is not being considered. Petitioner made a representation to the District Education Officer claiming appointment, which has been rejected vide order dated 19.1.2026. Since the decision was taken by the District Education Officer in terms of the instructions issued by the Director, School Education on 13.1.2026, therefore, petitioner has challenged the order passed by the District Education Officer as well as the instructions issued by Director, School Education. (3) In the impugned orders, the stand taken is that Education Department is not running Pre-primary Classes and the task of running Pre-primary Classes is assigned to Department of Women Empowerment and Child Development. (4) Learned Counsel for the petitioner although submits that the stand taken in the impugned orders is not correct and there were certain posts of Teacher in Pre- 2026:UHC:4368 primary Classes created by Government Order issued in the year 2003, however that Government Order, which is on record, does not indicate creation of any post for Pre-primary Classes. Thus there is no scope for interference with the impugned rejection order. (5) Since the competent authority in the Education Department has informed the petitioner that Pre-primary Classes can be run by another State Department, therefore, writ petition is disposed of by permitting the petitioner to approach the competent authority in that department by making a representation. If she makes representation before Director, Women Empowerment and Child Development within two weeks from today, decision thereupon shall be taken, as per law, within six months thereafter. (Manoj Kumar Tiwari, J.) 2.6.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.02 18:31:45 +05'30' 2026:UHC:4368