IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1815 of 2007 (S/S) 1. Mohan Chandra Dwivedi Son of Late Shri Kripal Dutt Resident of Village Sainali, P.O. Quiti Tehsil Munsyari, District Pithoragarh. 2. Harish Chandra Upreti Son of Shri Chandra Ballabh Upreti Resident of Village and Post Binayak (Thal) District-Pithoragarh. ……Petitioners Versus 1. State of Uttarakhand through Secretary High Secondary Education, Civil Secretariat, Dehradun. 2. Director of Education, Vidyalayi Shiksha Uttarakhand Education Directorate, Mayur Vihar Dehradun. 3. Joint Director of Education, Garhwal Mandal Pauri District Pauri Garhwal. …….Respondents. Mr. N.S. Negi, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State/respondents. Dated:-07-07-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition, the petitioners have sought a writ in the nature of Mandamus directing the respondents to consider the candidature of the petitioners on the post of Lecturer English on Ad-hoc basis in compliance of the Government order dated 05.12.2005. According to the petitioner, he possess the qualification, M.A. (English) and having B.Ed. degree also. The several vacancies for the post of Lecturer are lying vacant in the various Government Inter Colleges but the Public Service Commission could not make selection against these regular vacant posts of the Lecturer. In view of this fact the State Government after considering the hardship facing by the students studying in various Government Colleges, issued the Government order on 02.07.2001 for which, the candidates who fulfilled minimum qualification for appointment on the post of Lecturers were appointed in various Government Inter Colleges on the basis of the fixed amount as a Shiksha Bandhu. In view of the Government order dated 10.04.2001, petitioner No.1 was appointed as Shiksha Bandhu against the vacant post of Lecturer (English) on 28.05.2001 in Government Inter College Nachani, District Pithoragarh. The petitioner No.2 was appointed as Shiksha Bandhu against the vacant post of Lecturer (English) on 29.06.2001 in Government Inter College Chaubati, District Pithrogarh and they have worked in the said institution for three academic sessions i.e. 2001-02, 2002-03 and 2003-04. It is pertinent to mention in para no.12 of the writ petition, it is stated that during said period there were vacancies of an Assistant Teacher in Primary Schools and the candidates, who fulfilled minimum qualification and training of B.T.C. were not available. In view of this fact the State Government again issued the Government order for the candidates who passed B.Ed. degree from the recognized institution were invited for doing special B.T.C. training, petitioner have given their option for training of special B.T.C. training and to complete their training. The counter affidavit has been filed on behalf of respondent no. 2 & 3, wherein it is stated that both the petitioners had already been appointed as Assistant Teacher and they are working. This fact is not disputed by the petitioners in the rejoinder affidavit also. I have heard learned counsel for the parties and peruse the material available on record, since, the petitioner have been appointed in pursuant to the Government Order dated 10.04.2001 for special B.T.C. training and both were appointed as Assistant Teachers, now they did not claim them as shiksha Bandhu. Therefore,the respondents could not be directed to consider the candidature of the petitioner in the post of Lecturer English on Adhoc basis in pursuance of the Government order dated 05.12.2005 In view of above observation, the present writ petition lacks Merit and hereby dismissed. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 07-07-2010 JM