Himanshu Upadhyay and others vs State of Uttarakhand and others

Hon''ble Sudhanshu Dhulia, J.—Heard Mr. Deepak Bisht, Advocate for the petitioners, Mr. N.P. Sah, learned Standing Counsel for the State of Uttarakhand, Ms. Seema Sah, Advocate for respondent no. 2 and Mr. T.A. Khan, Advocate for respondent no. 3.

The petitioners were the candidates for Teachers Eligibility Test (hereinafter referred to as TET). It is the examination in which a candidate must be qualified with certain percentage of marks for being eligible for the post of Assistant Teacher in an elementary school. According to the petitioners, they successfully qualified the examination yet the results are not being declared for absolutely arbitrary reasons. In fact this has also been contended that the results are being withheld in violation of the judgment passed in Writ Petition No. 772 (SS) of 2011 Baldev Singh and others Vs. State of Uttarakhand and others.

Ms. Seema Sah, learned counsel appearing for respondent no. 2 though submits that the results have been withheld not for the reasons as alleged but either where the application forms are incomplete or they have not done their proper graduation as required under the law as "Shiksha Visharad" and "Shiksha Shashtri" are not equivalent to B.Ed.

Ms. Seema Sah, Advocate requests for adjournment for a week in order to clarify the situation. The case is adjourned to be listed again on 25.11.2011 in the daily cause.