Rajendra Sigh and others vs State of Uttarakhand and others

Hon''ble Sudhanshu Dhulia, J.—Heard Mr. K.N. Joshi, Advocate for the petitioners and Mr. Anil Bisht, learned Brief Holder for the State of Uttarakhand.

The petitioners are working as "Shiksha Mitra". During their tenure as "Shiksha Mitra" they become graduate. According to the petitioners, there is a scheme to send those Shiksha Mitra, who are graduates, for the two years Diploma in Elementary Education (D.L.Ed.). Their candidature are not being considered. While according to the respondents, the petitioners have done their graduation during their tenure of "Shiksha Mitra"

Such controversy stands decided by a Division Bench of this Court in Special Appeal No. 99 of 2011 (State of Uttarakhand and others Vs. Krishna Devi Chauhan and others), which has also been followed by this Court in various decisions.

With the consent of the parties, the writ petition is disposed of with a direction to the Director of Education, School Education, Government of Uttarakhand (respondent no. 2) to pass appropriate orders while considering the candidature of the petitioners for being sent for two years Diploma course in Elementary Education and candidature of the petitioners shall not be rejected merely on the ground that they have done their graduation while their tenure of "Shiksha Mitra".

With the aforesaid observation, the writ petition is disposed of finally.

No order as to costs.