IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 494 of 2008 (S/S) Smt. Sahista Khan W/o Sri Noor Karam Khan R/o C/o N.T.D. Almora. …………..Petitioner. Versus (1) State of Uttarakhand through Secretary, Education, Uttarakhand Shasan, Dehradun. (2) Director of Education, Uttarakhand, Dehradun. (3) District Education Officer, Almora. ..………Respondents. Sri Subhash Upadhyaya, Advocate for the Petitioner. Sri N.P. Sah, Standing Counsel for the Respondents. Hon’ble Prafulla C. Pant, J. Sri Subhash Upadhyaya, Advocate, present for the petitioner. Sri N.P. Sah, Standing Counsel, present for the respondents. No counter affidavit has been filed in compliance of order dated 27.06.2008 by the respondents. Heard. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to give appointment to the petitioner on the post of Assistant Teacher, Urdu, as per merit position 2 obtained by her, in pursuance to the advertisement issued on 05.02.2004. Petitioner’s case is that she was qualified to be appointed as Assistant Teacher, Urdu. She is member of Other Backward Caste. On fulfilling the condition she made application in pursuance to the advertisement dated 5th February 2004 for the aforesaid post. The minimum age for a candidate for said post was 18 years and maximum age was 35 years, with five years relaxation of age for the candidates belonging to reserved category. In this connection attention is drawn to the copy of the advertisement, which is annexure 2 to the writ petition. Learned counsel for the petitioner submitted that petitioner fulfilled all the conditions as required under the advertisement and she was allowed to appear in the written examination. It is further alleged that petitioner stood at serial no. 4 in order of merit and five posts are vacant of the Assistant Teacher, Urdu. It is contended that respondent no. 3 District Education Officer, Almora, did not give appointment letter to the petitioner and referred her case to the Director, Education, as the petitioner was going to complete the age of 40 years on the day of written examination. In this connection attention is drawn to letter dated 9th May 2008, sent by the Additional District Education Officer (Basic), Almora, to the Director, School Education (a copy of which is annexure 14 to the writ petition). The confusion created by the Officer (i.e. Additional District Education Officer (Basic), Almora) appears to be misconceived, as the age of the candidate is required to be 3 seen on the cut off date given in the advertisement and not thereafter. Not only this, annexure 16 which is copy of letter dated 28th May 2008, sent by Deputy Director Education (Basic) School Education addressed to District Education Officer, Almora, shows that the superior authority has already asked the District Education Officer to issue the appointment letter as per the rules to the candidate (petitioner). Having heard learned counsel for the parties and after going through the papers filed with the writ petition, this writ petition is disposed of with the direction that respondent no. 3 shall issue the appointment letter to the petitioner for the post of Assistant Teacher, Urdu, ignoring the fact that after appearing in written examination she crossed age of 40 years, provided she is otherwise qualified to be appointed. (Interim Relief Application No. 3879 of 2008 also stands disposed of). (Prafulla C. Pant, J.) 21.07.2008 NS 4