IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1026 of 2010 (S/S) Kalika Prasad Barthwal and another … Petitioners. Versus State of Uttarakhand and others ……… Respondents. Mr. Pankaj Purohit, Advocate for the petitioners. Mr. P.C. Bisht, learned Brief Holder for the respondents. (Hon’ble B.S. Verma, J.) By means of this petition the petitioners have sought a writ in the nature of mandamus commanding the respondents to consider the case of the petitioners for appointment as Assistant Teacher L.T. Grade Hindi (Language) pursuant to the advertisement dated 4.11.2004 and 20.10.2004, after considering and awarding quality points for their post graduation degree. Heard Mr. Pankaj Purohit, Advocate for the petitioners and Mr. P.C. Bisht, learned Brief Holder on behalf of the respondents. According to petitioners, respondents 3 and 4 issued advertisements dated 4.11.2004 and 20.10.2004 by publishing it in daily Newspaper “Amar Ujala” inviting applications for the post of Assistant Teacher L.T. Grade in Garhwal Mandal and Kumaon Mandal for various subjects including Hindi (Language). In the advertisement, for appointment to the post of Assistant Teacher L.T. Grade Hindi (Language) a candidate should possess graduation degree in Hindi subject and he should have Sanskrit as a subject in Intermediate coupled with diploma in L.T., B.T. or B.Ed. The petitioners possess the requisite qualifications and are eligible to be appointed on the post of Assistant Teacher L.T. Grade, Hindi (Language). Petitioners submitted their applications along with their testimonials. It is also alleged in the petition that while preparing the list of candidates the respondents were to award 15, 10 and 05 quality points for the post of Graduation Degree for I, II and III division respectively. It is further alleged by the petitioners that for preparing the merit list, quality points are also given for post graduate degree irrespective of the subject. The respondents have issued appointment 2 letters for the post of Assistant Teacher L.T. Grade Hindi (Language) but the petitioners were not given appointments on the said post. On inquiry it was informed by respondents that the petitioners were post graduate in Sanskrit and not in Hindi, therefore, their post graduation degree has not been considered and no quality points have been given to the petitioners for their post graduation degree. The petitioners also alleged that Sri Purananand Bhatt, Sri Satish Pokhriyal, Indramohan Dobhal, Manmohan Bahuguna, Laxmi Bamrara and Sarita Sayana were given quality points for P.G. Degree in Sanskrit for their appointment in Hindi subject in recruitment process of 1997-1998. The petitioners, alleging the discrimination, as arbitrary and violative of Article 14 and 16 of the Constitution of India, sought the mandamus for consideration of their cases for the appointment of L.T. Grade Teachers through this writ petition. Learned counsel appearing on behalf of the petitioner has contended that similar controversy has been resolved by learned Single Judge of this Court in Civil Writ Petition No. 477 of 2003 (S/S), Adarsh Kumar Vs. State of Uttarakhand and others decided on 4.11.2004, therefore, this writ petition may also be decided applying the ratio of above cited case. The learned Brief Holder has fairly conceded that the controversy in the case at hand is similar to that of above cited case and this writ petition may be decided in terms of the judgment passed by learned Single Judge. Therefore, applying the ratio of judgment passed by learned Single Judge in Civil Writ Petition No. 477 of 2003 (S/S), this writ petition is also disposed of in the same terms. The writ petition is allowed. A mandamus is hereby issued directing the respondents to consider the cases of the petitioners by awarding them quality points as per the U.P. Subordinate Education (Trained Graduates Grade) Service Rules 1983 within a period of three months from today, as they fulfil necessary qualifications as advertised by the respondents. And those of the petitioners who obtain higher quality points to the points obtained by the last man selected in the recruitment, shall be given appointment 3 within a month thereafter on the post of Assistant Teacher, L.T. Grade, Hindi (language). No order as to costs. Dated: 18-11-2010 (B.S. Verma, J.) ISB