HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 1987 of 2003 (SS) Prem Prakash & others ……. Petitioners Versus Director of Education & another …… Respondents Writ Petition No. 537 of 2004 (SS) Mukesh Kumar Dhyani ……. Petitioner Versus Director of Education, Uttarakhand & another Respondents Sri Subhash Upadhyay, & Sri Manoj Tiwari Advocate for the petitioners Standing Counsel for the respondents. Dated: 20th June 2008 Hon’be Rajesh Tandon J. Heard the learned counsel for the parties at length. By the present writ petitions the petitioners have prayed for the issue of a writ in the nature of certiorari quashing the order dated 29.9.2003 passed by the Regional Joint Director of Education, District Pauri Garhwal terminating the appointment of the petitioners on the post of Assistant Teacher in 2 compliance of this Court’s order dated 30.6.2003, passed in W.P. 303 of 2003 (SS). Briefly stated the facts giving rise to the present writ petitions are that the respondents issued two separate advertisements on 17.6.2002 and 24.6.2002 in the newspapers for selection and recruitment of physical education teachers in Kumaun and Garhwal Divisions. The aforesaid advertisements were issued under U.P. Subordinate Educational (Trained Graduate Grade) Service Rules 1983. After due process the petitioners were appointed as Assistant Teacher in different Government schools. According to the petitioners they joined their duty as Assistant Teacher in their respective schools. On 29.0.2003, the Regional Joint Director of Education, Pauri Garhwal has passed the following order: vkns'k fu;qfDr@fujLrhdj.k bl dk;kZy; ds vkns’k la[;k izcU/k 3@23659&23664 @fu;qfDr&inLFkku@2003&2004 fnukad 4-8-2003 ds vk/kkj ij vkidh fu;qfDr l0v0 O;k;ke ds in ij jk0m0ek0fo0 fiiyh] uSuhMk.Mk] ikSMh x<oky esa x;h Fkh A Jh lqjs’k dqekj cuke mRrjkWpy jkT; o vU; esa fjV fiVh’ku la0 303@2003 fnukda 30-6-2003 esa ikfjr vkns’k ds vuqikyu esa vkidh fu;qfDr ,rr }kjk fujLr dh tkrh gS A ¼Mk0 okpLifr eSBk.kh½ e.Myh; la;qDr f’k{kk funs’kd x<oky e.My ikSMh x<oky A Bench of this Court on 30.6.2003 in W.P. No. 303 (SS) of 2003, passed the following order: “In the meantime, no appointment shall be made in pursuance of selection dated 10.6.2003 regarding Assistant Teaher (Physical) till further order of this Court.” However, writ petition No. 303 (SS) of 2003 has been finally decided and this Court made the following observations. “The selection of the candidates was made in accordance with the statutory rules i.e. U.P. Subordinate Educational (Trained Graduates Grade) Service Rules 1983, as amended in 1992. The learned counsel for the petitioners could not point out any illegality or irregularity in the procedure adopted by the Selection Committee. The entire selection procedure cannot be thrown merely due to difference in the advertisement at two places. Selection of candidates was made strictly in accordance with the rules prescribed under U.P. Subordinate Educational (Trained Graduates Grade) Service Rules 1983, as amended in 1992 and the petitioners have failed to prove that there was violation of any mandatory provision of the statute. No other point has been raised by either of the parties if they are affected in their selection on the merit and if respondents have proceeded in violation of the statute. So far as emphasis on advertisement is concerned I find no merit in the contention of the petitioners. However, liberty is given to the petitioners to agitate their individual grievances before the State Government through the Secretary, Education by filing representations within three weeks after the receipt of the certified copy of this order, which shall be disposed of within a month by reasoned order. Subject to the aforesaid observations, the writ petitions are disposed of. No order as to costs.” 4 Thus in view of the final order passed in Writ Petition no. 303 (SS) of 2003, the impugned order dated 29.9.2003 passed by the Regional Joint Director, Education Pauri Garhwal is set aside. Accordingly, the writ petitions are allowed. No order as to costs. Dated: 20.6.2008 Rajesh Tandon, J. *Dhyani