COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 861/2003 Hari Om …….Petitioner Versus State of Uttaranchal Through Principal Secretary, Education Department, Dehradun And Others …….Respondents Sri Manoj Tiwari, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 5th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioner has prayed for a writ of mandamus commanding the respondent no. 3 i.e. Joint Director of Education, Kumaon Region, Nainital to consider the claim of the petitioner for appointment as Assistant Teacher L.T. Grade Hindi in Scheduled Caste category on merits according to his score of quality point marks. 2. Petitioner was appointed as Assistant Teacher, Junior Basic School by the District Basic Education Officer, Udham Singh Nagar by the order dated 18.11.1999. Petitioner, who belongs to Scheduled Caste category, is a Post Graduate in Hindi. He also possesses the qualification of B.Ed. Pursuant to advertisement dated 17.6.2002 for appointment as Assistant Teacher L.T. Grade in various subjects, the petitioner applied for the same vide his application dated 28.6.2002. Inadvertently he did not put his signatures on the 2 documents submitted along with the application as was required. Therefore, he submitted a fresh application within the prescribed time in pursuance of the said advertisement correcting his earlier mistake. The fresh application of the petitioner was rejected on the ground that he has not submitted Certificate of Registration in any Employment Exchange of the State. Therefore, his candidature for the said post was not considered. 3. It is not in dispute that the petitioner possesses all the eligibility conditions to be appointed as Assistant Teacher L.T. Grade Hindi. It is also not disputed that the petitioner had annexed all the documents except the certificate of registration in Employment Exchange. Petitioner had also submitted a ‘No Objection Certificate’ issued from his employer, which is contained as Annexure No. 5 to the writ petition, whereby he was permitted to apply in pursuance of the abovementioned advertisement, which was a compulsory requirement. Moreover, petitioner is a permanent resident of State of Uttarakhand and his name was earlier registered in the Employment Exchange, Udham Singh Nagar. Since the petitioner was subsequently appointed as Assistant Teacher, Junior Basic School in the year 1999, therefore, his registration was not renewed further in the Employment Exchange. Domicile Certificate and Certificate of Registration in Employment Exchange are contained as Annexure No. 3 and 4 to the writ petition respectively. 4. It is also not disputed that the candidates having lesser quality points than the petitioner in the Scheduled Caste category were appointed as Assistant Teacher L.T. Grade and the petitioner fulfills all other conditions to be 3 appointed as such. He had also submitted, ‘No Objection Certificate’ issued by his employer. 5. Therefore, in view of the facts and circumstances of the case narrated above, the petitioner’s application made pursuant to the advertisement dated 17.6.2002 could not have been rejected. Accordingly, the writ petition is allowed. Respondents are directed to consider the case of the petitioner for his appointment as Assistant Teacher L.T. Grade and appoint him as such if he fulfills the other eligibility conditions for the said post. There shall be no order as to costs. (P.C. Verma, J.) Prabodh