THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 607 of 2010 Devendra Singh Karki S/O Sri Bhagwat Singh Karki … Petitioner. Vs. State of Uttarakhand and others. …Respondents. Mr. Anil Bisht, Advocate, holding brief of Mr. Dinesh Bankoti, Advocate, learned counsel for the petitioner. Mr. K.C.Tiwari, Brief Holder, learned counsel for the respondents No. 1 to 3. Mr. Sudhir Singh, Advocate, learned counsel for the respondent no.4-NCTE. Date July 30, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to consider the appointment of the petitioner on the post of Assistant Teacher LT Grade (Physical Education) as he fulfills the minimum qualification as per advertisement issued in 2002 for Kumaon Division and in 2004 for Kumaon and Garhwal Divisions. The grievance of the petitioner is that the B.P. Ed. Degree qualification holders are not being considered against the vacancies advertised in 2002 and 2004 for the post of LT Grade Teacher (Physical Education), whereas the persons having the same qualification are being considered against the vacancies advertised in the year 2006 for the said post. In the course of arguments, learned counsel for the petitioner has submitted that the controversy involved in the present writ petition is similar to that of the controversy involved in Writ Petition (S/S) No. 191 of 2010, Bhartendu Pant and others Vs. State of Uttarakhand and others, which has already been resolved by this Court by order dated 1-4-2010. Learned counsel has urged that this writ petition may be disposed of in terms of the order dated 1-4-2010 passed in Writ Petition (S/S) No. 191 of 2010, Bhartendu Pant and others Vs. State of Uttarakhand and others. 2 The learned Brief Holder appearing for the respondents has fairly conceded to above fact. Accordingly, the writ petition is disposed of in terms of the order dated 1-4-2010 passed by this Court in Writ Petition (S/S) No. 191 of 2010, Bhartendu Pant and others Vs. State of Uttarakhand and others. The petitioner would move an appropriate application before the authority concerned for consideration of his claim in terms of the judgment dated 08-03-2010 passed in Special Appeal No. 240 of 2009 Prakash Bhatt and another Vs. State of Uttarakhand and others. If such an application is filed enclosing therewith the said judgment and claiming parity therewith, the authority concerned will consider and decide the application of the petitioner within two weeks by a reasoned and speaking order. If the petitioner is found to be eligible, his application would be considered as per the advertisement. (B.S.Verma,J.) RCP