IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) No. 1038 of 2010 Pawan Kumar and others ………….Petitioners Versus State of Uttarakhand and others. ……...Respondents. Present : Mr. Manish Arora, Advocate for the petitioners. Mr. Anil Kumar Bisht, Brief Holder present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Manish Arora, Advocate for the petitioners and Mr. Anil Kumar Bisht, Brief Holder for the State of Uttarakhand. The petitioners are Bachelor of Science in Agriculture. According to them, the subject of Agriculture is taught in High School and Intermediate in the State of Uttarakhand and there are posts of Assistant Teacher (L.T. Grade) in Agriculture in Uttarakhand, yet the Government though has advertised the vacancies for other posts, they have not advertised the vacant post of Assistant Teacher (L.T. Grade) in Agriculture. A mandamus therefore has been sought by the petitioners directing the State to advertise the vacant post of Assistant Teacher (L.T. Grade) in Agriculture to fill those posts by way of selection. Such a prayer as has been made by the petitioners cannot be granted to them inasmuch as it is the prerogative of the State Government to fill its vacancies. Whether the State Government wants to fill a particular vacancy or not, it lies in the area of their policy decision. If it is a policy decision of the State Government not to fill 2 the post of Assistant Teacher (L.T. Grade) in Agriculture, the Court cannot issue a mandamus to the State to fill such vacancies. In other words, the prayer sought by the petitioners cannot be granted by means of present writ petition. This writ petition is devoid of merits and is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 22.7.2011 Avneet