Writ Petition No. 674 of 2009 (S/S), Writ Petition No. 988 of 2009 (S/S). Case: 1. Uma Devi, 2. Mohd. Farukh Vs 1. State of Uttarakhand and Others, 2. Director, School Education, Uttarakhand, Dehradun. Uttarakhand High Court

Case NumberWrit Petition No. 674 of 2009 (S/S), Writ Petition No. 988 of 2009 (S/S)
CounselParikshit Saini, Paresh Tripathi, Anil Dabral, A. K. Joshi
JudgesPrafulla C. Pant, J.
IssueConstitution of India, 1950 - Articles 14, 16, 45
Judgement DateNovember 26, 2009
CourtUttarakhand High Court

Judgment:

Prafulla C. Pant, J.

  1. In both these two writ petitions, the petitioners have sought quashing of the Government Order No. 323 / XXIV (1) -15 / 2004 dated 1st of March 2009, issued by the Government of Uttarakhand, wherein it has been provided that the Shiksha Mitras will be given two years B.T.C. training.

  2. Heard learned counsel for the parties and interveners, and also perused the affidavits on record.

  3. Brief facts, mentioned in Writ Petition No. 674 (S/S) of 2009, are that the petitioner Uma Devi is permanent resident of District Haridwar. She is a graduate. In the year 2005, process of regular B.T.C. training course was initiated for appointment of teachers in primary schools in the State of Uttarakhand. However, no examination was held. It is stated that now by issuing the impugned Government Order dated 01.03.2009, Shiksha Mitra who are teaching in the different primary schools on contract basis, are being sent for B.T.C. training course, without making them to compete any examination.

  4. In the Writ Petition No. 988 (S/S) of 2009, filed by petitioner Mohd. Farukh, it has been stated that the petitioner is a graduate and resident of District Haridwar. It is further stated that an advertisement has been issued for holding competitive examination for undergoing the B.T.C. training course, for appointment as Assistant Teacher in the primary schools of the State. As per the Government Order No. 986/XXIV(1)/2006-11/ 2005 dated 22.12.2006 read with Government Order No. 612 / XXIV (1) / 2008 -11 / 2005, the competitive examination is scheduled to be held. It has been further stated that in said Government Orders it is provided that weightage of 15 marks would be given to Shiksha Mitra for giving them preference while admitting the candidates for the B.T.C. training course. In the circumstances, by issuing impugned Government Order dated 01.03.2009, whereby all Shiksha Mitras are to undergo B.T.C. training course, would deprive the other candidates from the public employment. As such, the Government Order is violative of the provisions contained in Articles 14 and 16 of the Constitution of India, 1950, and also against the spirit of the principle of law laid down in Secretary, State of Karnataka Vs. Umadevi and others; A.I.R. 2006 S.C.W. 1991, and as such, liable to be quashed.

  5. As far as case of Secretary, State of Karnataka Vs. Uma Devi (supra) is concerned, it only directs the courts not to regularize services of the...

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