IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 727 of 2003 (S/S) 1. Vinod Kumar S/o Shri Raj Pal Singh 2. Yash Pal Singh S/o Shri Raj Pal Singh Both R/o Village-Khera Jat Post Office-Khera Jat, Pargana-Manlaur Tehsil-Roorkee, District-Haridwar. 3. Gajender Pal S/o Shri Raj Singh R/o Village-Bharmapur P.O. Gurukul, Paragana Manglaur Tehsil Roorkee, District-Haridwar. ……Petitioners Versus 1. State of Uttaranchal through the Secretary, Education Government of Uttaranchal Dehradun. 2. Director of Education (Secondary) Uttarakhand at Dehradun. 3. Joint Director of Education, Garhwal Region at Pauri Garhwal District Pauri Garhwal. …….Respondents. Mr. Rajendra Singh, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State/respondents No. 1 to 3. 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 following reliefs:- 1. Issue a writ order or direction in the nature of mandamus directing to the respondents to appoint the petitioners on the post of Assistant Teachers L.T. Grade (Agriculture) in the general category of the Agriculture subject, as they were having higher quality points marks than the selected candidates of general category. 2. A writ, order or direction in the nature of mandamus directing the respondents to follow and act in accordance with U.P. Public Services (reservation for schedule castes, scheduled tribes and other backward classes) Act, 1994. 3. Any other writ, order or direction in favour of the petitioners, which this Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case. 4. Award cost of the petition to the petitioners. Learned counsel for the petitioner has submitted that according to the petitioners, they possess eligible qualification for the appointment on the post of Assistant Teacher, L.T.Grade (Agriculture). Short counter affidavit has been filed on behalf of respondent no.3, wherein in para-4, it is stated that this writ petition was filed on 30th July, 2003 and during the pendency of the writ petition the petitioners were appointed vide order no. 26029 dated 30th August, 2003, order no. 26035 dated 30th August, 2003 and order no. 26047 dated 29the August, 2003. The petitioner’s appointment order, which was issued to each of the petitioners, the same has been filed along with Annexure No. S.C.A.1 to the short counter affidavit. The appointment was made subject to the final decision of Civil Misc., Writ Petition No. 376(S/S) of 2003 Hemlata Kausik Vs. State. It was informed by learned Brief Holder on behalf of the state that the above writ petition had already been disposed of by the court on 20.06.2008 in Writ Petition No. 376(S/S) of 2003 Hemlata Kausik Vs. State but as on today petitioners are working as Assistant Teacher in L.T. Grade, therefore, the writ petition has become infructuous. The writ petition is dismissed as infructuous. However, if any cause of action arose in future to the petitioners, they may file fresh writ petition. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 07-07-2010 JM