IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) No. 1726 of 2007 Naseem Begum ………….Petitioner Versus State of Uttarakhand and others ……...Respondents. Present : Mr. S.S. Yadav, Advocate present for the petitioner. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. S.S. Yadav, Advocate present for the petitioner and Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. 2. The petitioner was a candidate for the post of Assistant Teacher (Urdu) in primary school. The candidature of the petitioner was as a general category, however, she was treated as an Other Backward Class candidate, admittedly due to inadvertence by the respondents and hence was not selected. The petitioner further contends that the last candidate in the general category who has been selected has procured 102 marks whereas the petitioner has procured 105.78 marks. Therefore, the petitioner was liable to be selected. This in short is the contention of the petitioner. The petitioner further contends that inspite of the orders of this Court, the records have not been produced before this Court. 3. Be that as it may, the matter is disposed of with the direction to the Director of Education, Dehradun to hear 2 the representation of the petitioner and in case he finds that in that particular selection year to which the present dispute pertains i.e. 2004-05 any candidate in the general category has been selected having lesser marks than the petitioner then the case of the petitioner shall also be considered, in case presently there are vacancies for Assistant Teacher (Urdu). The Director of Education, Dehradun shall hear the petitioner personally, who will be at liberty to submit all the records before the concerned authority. While disposing of the representation of the petitioner, the Director of Education shall pass a speaking order. Needful be done as expeditiously as possible, but definitely within a period of eight weeks from the date a certified copy of this order along with the representation is produced by the petitioner before the Director of Education, Dehradun. 4. With the aforesaid directions, writ petition is disposed of. 5. No order as to costs. (Sudhanshu Dhulia, J.) 9.11.2011 Avneet