IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 221 of 2010 (S/S) Trilochan and others ………..Petitioners Versus State of Uttarakhand and others …….Respondents Shri H.S. Rawal, learned counsel for the petitioners. Shri R.C. Arya, learned Brief Holder for the State. Dated: 06 April, 2010 Hon’ble V.K. Bist, J. Heard Shri H.S. Rawal, learned counsel for the petitioners & Shri R.C. Arya, learned Brief Holder for the State. By means of this writ petition the petitioners are seeking a writ of mandamus commanding the respondents to consider the claim of petitioners for appointment against the post of Trained Graduate Assistant Teacher (Physical Education) in pursuance of advertisement dated 17.06.2002. Brief facts of the case are that the Joint Director of Education, Kumaon Region advertised the vacancies of L.T. Grade Teacher including the post of L.T. Grade Teacher in Physical Education vide advertisement dated 17.06.2002. The petitioner in pursuance of aforesaid advertisement applied for the post of L.T. Grade Teacher. The petitioners who are graduate and 2 having the diploma in physical Education from Vyayam Ratna, Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhanshi also applied for the post of L.T. Grade Teacher. Since, Diploma in Physical Education from Vyayam Ratna, Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhanshi was treated as equivalent to the Diploma in Special Education, the petitioners were also eligible to be considered against the said post. But the candidature of the petitioners was not considered. In the meantime, some other candidate having qualification from Vyayam Ratna, Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhanshi filed a writ petition before this Court in writ petition 580 (S/S) of 2009 Sanjay Singh & others Vs. State of Uttarakhand in which interim order was granted in their favour. in which interim order was granted in their favour. The same was challenged in special appeal no.2 of 2010. The Division Bench of this Court after summoning the connected writ petition, decided the same and held that candidates have been from Vyayam Ratna, Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhanshi must be deemed to possess the qualification of Diploma in Physical Education, and as such are eligible to be considered for the posts of Trained Graduate Assistant Teacher (Physical Education). Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed by the Division Bench in appeal no.2 of 2010. He prayed that suitable direction may be issued for considering the case of the petitioners for appointment on the post of Teacher in Physical Education in pursuance of judgment passed by the Division Bench in appeal no.2 of 2010 Learned brief holder also concedes that the case of the petitioners squarely covered by the judgment passed by the Division Bench of this Court in special appeal no.2 of 2010. In view of the above discussions the writ petition is allowed. The respondents are directed to consider the candidature of the petitioners for their appointment against the post of Assistant Teacher Physical Education in pursuance of advertisement dated 18.06.2002. No order as to costs. Interim application stands disposed of accordingly. (V.K. Bist, J.) Arpan 06.04.2010