Ritu Singh vs State of Uttarakhand and others

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

The petitioner is working as "Shiksha Mitra". During her tenure as "Shiksha Mitra" she become a graduate. According to the petitioner, there is a scheme to send those "Shiksha Mitra", who are graduates, for the two years Diploma in Elementary Education (D.L.Ed.). Her candidature is not being considered. While according to the respondents, the petitioner has done her graduation during her 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 petitioner for being sent for two years Diploma course in Elementary Education and candidature of the petitioner shall not be rejected merely on the ground that she has done her graduation while her tenure of "Shiksha Mitra".

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

No order as to costs.