Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 639 (UTT)

MADHUBALA v. STATE OF UTTARAKHAND

WPSS/171/2026 · 2026-01-23

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:598 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 171 of 2026 Hon’ble Alok Mahra, J. Mr. Niranjan Kumar, learned counsel for the petitioner. 2. Mr. Naveen Tiwari, learned Brief Holder for the State. 3. The present petition under Article 226 of the Constitution of India has been filed seeking issuance of a writ in the nature of mandamus commanding and directing the respondent/Appointing Authority to conduct/verify the educational and training documents of the petitioner for the post of Assistant Teacher (Arts), Government Primary School, District Pauri Garhwal, pursuant to the advertisement dated 07.11.2025, inasmuch as the petitioner, though present for document verification, was arbitrarily deprived by the authorities from participating in the selection process. A further direction has been sought commanding the respondent/ Appointing Authority to consider the candidature of the petitioner for appointment to the post of Assistant Teacher (Arts), Government Primary School, District Pauri Garhwal, as per her merit against the vacancies earmarked for the Scheduled Caste category under the said advertisement dated 07.11.2025. 4. It is the case of the petitioner that the District Education Officer, Elementary Education, District Pauri Garhwal issued an advertisement for selection of candidates for appointment on the post of Assistant Teacher, Government Primary School, District Pauri Garhwal; that the petitioner duly submitted her application form within the prescribed time; that 2026:UHC:598 thereafter a merit list was published, and the candidates whose names appeared therein were required to remain present for document verification/counselling on 12.01.2026 at 10:00 A.M. at office of the District Education Officer (Basic), District Pauri Garhwal, along with original documents; that the petitioner could not reach the place of counselling at exactly 10:00 A.M., and consequently, the authorities did not permit him to participate in the document verification/counselling process. Hence, the present petition. 5. Learned counsel for the petitioner would submit that the petitioner is fully qualified for the post advertised and that her name duly figured in the merit list for document verification/counselling; that, the petitioner reached the place of counselling at District Education Officer (Basic), District Pauri Garhwal at about 10:30 A.M., but the authorities did not permit her to mark her presence in the attendance register; that, despite repeated requests, she was not allowed to participate in the counselling process. 6. Per contra, learned State counsel would submit that as per Rule 17(3) of the Uttarakhand Elementary Education Services Teacher Amendment Rules, 2012, as amended in the year 2025, the Selection Committee is required to prepare the list only of those candidates who appear before it for document verification on the fixed date and time; that since the petitioner did not reach the place of counselling within the stipulated time, she was rightly not permitted to participate in the document verification/counselling process. 7. Be that as it may, considering the fact that the final select list has not yet 2026:UHC:598 been prepared and that the petitioner’s name admittedly appears in the merit list, this Court is of the view that the interest of justice would be served by granting one more opportunity to the petitioner for document verification/ counselling. 8. Accordingly, the petitioner is directed to appear before the concerned authority at District Education Officer (Basic), District Pauri Garhwal along with all original documents on 24.01.2026 at 01:00 P.M. In case the petitioner appears on the aforesaid date and time, the District Education Officer, Pauri Garhwal/ authority concerned shall verify her documents and thereafter proceed further in accordance with law. Since the final select list has not yet been prepared, the petitioner’s candidature shall be considered strictly in accordance with her merit and applicable rules, without granting any undue advantage to her. 9. The writ petition stands disposed of accordingly. 10. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) Vacation Judge 23.01.2026 Ujjwal