Meraj Alam vs State Of Uttarakhand & Ors

Lok Pal Singh, J

This writ petition has been filed for the following reliefs:-

i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to forthwith allot District Udham Singh Nagar to the petitioner in view of his higher ranking in the select list, according to the option as invited by the advertiser and according to the relevant Rules applicable to Primary School Teachers.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioner as primary school teacher in District Udham Singh Nagar in terms of Government Policy.

Initially, this writ petition was allowed by a Co-ordinate Bench of this Court vide order dated 2.05.2017, and the respondents were directed to allocate District Udham Singh Nagar to the petitioners within a period of six weeks from today. Being aggrieved, State of Uttarakhand filed special appeal being SPA No.141 of 2018 before a Division Bench of this Court. The Division Bench, vide judgment dated 13.04.2018, allowed the appeal preferred by the State, set aside the judgment passed by Coordinate Bench and remitted the matter back to the Single Judge for fresh consideration.

The case of the petitioner is that vide advertisement dated 01.02.2014 applications were invited for filling up the post of Assistant Teacher throughout the State of Uttarakhand. Pursuant to said advertisement, petitioner submitted his application form wherein he indicated his first choice for District Udham Singh Nagar, second choice for District Almora and third choice for District Tehri Garhwal. He participated in the selection process and secured 55.47 marks.

Learned counsel for the petitioner would submit that though the petitioner had given first preference for his home district i.e. District Udham Singh Nagar but he was given posting at District Almora. He would submit that some candidates who have secured lesser marks than the petitioner have been given posting in their home districts, which is arbitrariness on the part of the State Government. He would further submit that the State Government should have made the posting strictly on the basis of the marks obtained by the candidates.

Learned counsel for the petitioner has placed reliance upon the judgment dated 09.07.2019 passed by this Court in WPSS No.157 of 2016 and would submit that this Court in similar circumstances has issued a mandamus to the authority concerned to give posting to the petitioner at his home district.

Counter affidavit has been filed on behalf of the respondent nos.2 and 3 stating that in compliance of the Government Order dated 31.04.2014, the selection process for B.Ed. T.E.T. pass has been conducted by the S.C.E.R.T. at State level. As per G.O., at the time of allotment of the district the merit multiplier of the candidates, the preferential order mentioned in column no.12 of their application form and against the vacant posts, the district has been allotted to the candidates. It is also stated that in the first preference mentioned as Udham Singh Nagar provided by the petitioner, there was zero post in the reserved category and group and due to the less merit multiplier of the petitioner, the petitioner has been allotted his second preferential district Almora.

Having considered the submissions made by learned counsel for the parties and on perusal of averments made in the counter affidavit and rejoinder affidavit, this Court finds that the petitioner has not impleaded those persons in the writ petition who have been given preference for district Udham Singh Nagar, though last in merit. Unless their appointment in district Udham Singh Nagar is cancelled, it would not be feasible for the respondent to accommodate the petitioner in district Udham Singh Nagar.

In the above facts and circumstances, this Court thinks it fit to issue a direction to the respondent to consider the case of the petitioner for posting at district Udham Singh Nagar, if any post is lying vacant in district Udham Singh Nagar, within a period of eight weeks from the date of receipt of certified copy of this order.

Writ petition stands disposed of as above. No order as to costs.