IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 182 of 2008 (S/S) Neeru Sharma S/o Sri Anand Mohan Bhartari W/o Sri Ashwani Sharma R/o 17 Patel Nagar, P.O. Muriya, Dehradun, District Dehradun. ……………. Petitioner Versus 1. State of Uttarakhand through Secretary Education Secretariat, Dehradun. 2. Additional Director of Education, Garhwal Mandal, Pauri, District Pauri Garhwal. 3. Director School Education Uttarakhand, Mayur Vihar, Dehradun. ………….. Respondents Mr. Jitendra Chaudhary, learned counsel for the petitioner. Mr. N.P. Sah, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the order dated 30th of January 2008, passed by respondent No. 2, whereby petitioner’s appointment as English teacher has been cancelled. 2 3) Brief facts of the case are that the petitioner is a post- graduate in English Literature from Hemvati Nandan Bahuguna Garhwal University. She is also postgraduate in Geography. In pursuance to the advertisement No. 02/LT / 2006 –07, the petitioner applied for the post of Assistant Teacher (L.T. Grade) in English. She was appointed as English teacher vide order dated 18th December 2007. But, since, thereafter, the authorities concerned realized that the petitioner is not a graduate with English Literature as a subject, as such, her appointment is cancelled. Hence, this petition. 4) Learned counsel for the petitioner submitted that though the petitioner had graduated without English Literature as her subject, but she is M.A. in English Literature, as such, the appointment made by the respondents is lawful and the impugned order of cancellation, is erroneous in law. In reply to this, learned Standing Counsel drew attention of this Court to Annexure S.C.A. 1 to the short counter affidavit filed on behalf of the respondents, which shows that essential qualifications for Assistant Teacher in English under the Uttaranchal Subordinate Education (Trained Graduate Grade) Service Rules, 2006, is (i) Bachelor’s Degree with English (main subject) from a University established by law in India; and (ii) L.T. Diploma of a Government or Government recognized training college / college or graduate degree in education (B.Ed.) from a University established by law. 5) Admittedly, the petitioner does not fulfill the required qualification provided under the Uttaranchal Subordinate 3 Education (Trained Graduate Grade) Service Rules, 2006, as the petitioner has not graduated with English as her main subject. There is no exemption provided to a candidate having postgraduate degree in English to be appointed as Assistant Teacher (L.T. Grade) in English. Apart from this, the perusal of the record shows that petitioner is ‘Shiksha Visharad’ from Hindi Sahitya Sammalen, Allahabad, is not recognized or equivalent to L.T. diploma of a government training college or B.Ed. degree from a University established by law. (Reliance placed in the case of Shailendra Singh and others Vs. State of Uttaranchal and others, reported in 2007 (1) U.D. 155, passed by Division Bench of this Court in Special Appeal No. 90 of 2006, vide order dated 18.12.2006). 6) In the above circumstances, this Court is of the view that the impugned order canceling the appointment of the petitioner suffers from no illegality. Therefore, the writ petition is dismissed. (Stay Application No. 1190 of 2008 as well as Urgency Application No. 1832 of 2008 both stands disposed of). (Prafulla C. Pant, J.) Dt. August 08, 2008. H.Negi