IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1029 of 2010 (S/S) Mahesh Chandra Pandey … Petitioner. Versus State of Uttarakhand and others ……… Respondents. Mr. Pankaj Purohit, Advocate for the petitioners. Mr. P.C. Bisht, learned Brief Holder for the respondents. (Hon’ble B.S. Verma, J.) By means of this petition the petitioner has sought a writ in the nature of mandamus commanding the respondents to consider the case of the petitioner for appointment as Assistant Teacher L.T. Grade Hindi (Language) pursuant to the advertisement dated 17-6- 2002 published on 19-6-2002, after considering and awarding quality points for their post graduation degree. Heard Mr. Pankaj Purohit, Advocate for the petitioners and Mr. P.C. Bisht, learned Brief Holder on behalf of the respondents. According to petitioners, respondents 3 issued advertisement dated 17-6-2002, by publishing it in daily Newspaper “Amar Ujala” dated 19-6-2002, inviting applications for the post of Assistant Teacher L.T. Grade in Garhwal Mandal and Kumaon Mandal for various subjects including Hindi (Language). In the advertisement, for appointment to the post of Assistant Teacher L.T. Grade Hindi (Language) a candidate should possess graduation degree in Hindi subject and he should have Sanskrit as a subject in Intermediate coupled with diploma in L.T., B.T. or B.Ed. The petitioner possesses the requisite qualifications and is eligible to be appointed on the post of Assistant Teacher L.T. Grade, Hindi (Language). Petitioner submitted his application along with his testimonials. It is also alleged in the petition that while preparing the list of candidates the respondents were to award 15, 10 and 05 quality points for the post of Graduation Degree for I, II and III division respectively. It is further alleged by the petitioner that for preparing the merit list, quality points are also given for post graduate degree irrespective of the subject. The respondents have issued appointment 2 letters for the post of Assistant Teacher L.T. Grade Hindi (Language) but the petitioner was not given appointment on the said post. On inquiry it was informed by respondents that the petitioner was post graduate in Sanskrit and not in Hindi, therefore, his post graduation degree has not been considered and no quality points have been given to the petitioner for his post graduation degree. The petitioner also alleged that Sri Purananand Bhatt, Sri Satish Pokhriyal, Indramohan Dobhal, Manmohan Bahuguna, Laxmi Bamrara and Sarita Sayana were given quality points for P.G. Degree in Sanskrit for their appointment in Hindi subject in recruitment process of 1997-1998. The petitioner, alleging the discrimination, as arbitrary and violative of Article 14 and 16 of the Constitution of India, sought the mandamus for consideration of his case for the appointment of L.T. Grade Teachers through this writ petition. Learned counsel appearing on behalf of the petitioner has contended that similar controversy has been resolved by learned Single Judge of this Court in Civil Writ Petition No. 477 of 2003 (S/S), Adarsh Kumar Vs. State of Uttarakhand and others decided on 4.11.2004, therefore, this writ petition may also be decided applying the ratio of above cited case. The learned Brief Holder has fairly conceded that the controversy in the case at hand is similar to that of above cited case and this writ petition may be decided in terms of the judgment passed by learned Single Judge. Therefore, applying the ratio of judgment passed by learned Single Judge in Civil Writ Petition No. 477 of 2003 (S/S), this writ petition is also disposed of in the same terms. The writ petition is allowed. A mandamus is hereby issued directing the respondents to consider the case of the petitioner by awarding him quality points as per the U.P. Subordinate Education (Trained Graduates Grade) Service Rules 1983 within a period of three months from today, as he fulfil necessary qualifications as advertised by the respondents. And those of the petitioners who obtain higher quality points to the points obtained by the last man selected in the recruitment, shall be given appointment 3 within a month thereafter on the post of Assistant Teacher, L.T. Grade, Hindi (language). No order as to costs. Dated: 18-11-2010 (B.S. Verma, J.) ISB