MANOJ PANDEY vs STATE OF UTTARAKHAND

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2026:UHC:9372-DB
Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
with Signatures



WPMB/853/2026
Mohd Rizwan Ali and others
--Petitioners
Versus
State of Uttarakhand and another
--Respondents
With
WPMB/90/2024
WPMB/361/2026
WPMB/381/2026
WPMB/814/2026
WPMB/820/2026
Hon’ble Manoj Kumar Tiwari, A.C.J.
Hon’ble Subhash Upadhyay, J.
Mr. Mandeep Kalra and Mr. Pradeep Chandra
Upreti, Advocates through video conferencing with
Ms. Aananya Jain, Advocate, for the petitioners in
WPMB No. 853/2026 and WPMB/90/2024.
Mr. Abhijay Negi, Advocate for the petitioner
in WPMB/361/2026.
Mr. Harsh Vardhan Dhanik, and Mr. Imran Ali
Khan, Advocates for the petitioners in
WPMB/381/2026 and WPMB/820/2026.
Mr. Naitik Bhatt, Advocate for the petitioners
in WPMB/814/2026.
Mr. Puran Singh Bisht, Chief Standing
Counsel and Mr. Amrendra Pratap Singh, Additional
Advocate General with Rajeev Singh Bisht, Deputy
Advocate General, Mr. B.S. Parihar, Additional
CSC, Mr. Gajendra Tripathi, Standing Counsel and
Mr. B.P.S. Mer, Standing Counsel for the State.
Mr. Sandeep Tiwari, Advocate for the
intervener in WPMB/90/2024.

2. Since issues involved in these petitions are
identical, therefore, they were heard and decided
together. However, for the sake of brevity and
convenience, facts of Writ Petition (MB) No. 853 of

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2026, alone are being considered and discussed.
3. Reliefs sought in Writ Petition (MB) No. 853
of 2026, are as follow:
“i) Issue writ or order or direction in the nature of

certiorari to quash the impugned order dated 19th January
2024 (Annexure No. 9 Page No.165 to 193) as passed by the
Secretary Of Education Government of Uttarakhand wherein
the recruitment process of 451 vacancies as advertised by the
government on 21 October 2021 (Annexure No.6 Page No.130
to 136) has been stalled despite the tabulation of the
petitioners' applications which is contrary to the undertaking
of the state government in para 21 of the final order and
judgment as passed in WPPIL 46 of 2021 (Annexure No. 5
Page No. 121 to 129) affirmed by the Hon'ble High Court.
ii) Issue a writ or order or direction in the nature of
mandamus commanding the respondent State of Uttarakhand
to conclude the recruitment process advertised by it on 21st
October 2021, against which no stay is operating in any court
of law to the best knowledge of the petitioners’, in a specified
time frame among the eligible candidates such as the present
set of petitioners who have already submitted their documents
in response to the advertisement and the scrutiny also had
done.”

4. Learned counsel for the petitioners submit that
pursuant to direction issued by coordinate Bench
vide judgment dated 22.09.2021, passed in WPPIL
No. 46 of 2021, competent authority advertised 451
vacancies on the post of Assistant Teacher,
Government Primary School on 21.10.2021;
however, process of selection so initiated, has not
been concluded so far.
5. Learned counsel for the petitioners contend
that withholding of selection is without any valid
reason or justification whatsoever and 451 vacancies
which are advertised on 21.10.2021 have not been

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filled so far.
6. Learned counsel for the petitioners point out
that selection process was stalled in view of the
judgment rendered by Hon’ble Supreme Court in the
case of Devesh Sharma Vs. Union of India and
others reported as (2023) 18 SCC 339, wherein it
was held that B.Ed. degree-holders are not eligible
for appointment as Assistant Teacher, Government
Primary School.
7. Learned counsel for the petitioners submit that
petitioners in these writ petitions possess D.El.Ed
qualification, as such, they are not affected by the
judgment rendered in Devesh Sharma (supra).
8. Learned State Counsel on instructions, submits
that selection process initiated vide advertisement
dated 21.10.2021, is not concluded so far. He,
however, was not in a position to make any
statement as to whether the vacancies advertised on
21.10.2021 were added in any subsequent
advertisement or not.
9. We find substance in the contention raised on
behalf of petitioners.
10. The selection process initiated in terms of
judgment of this Court, in 2021, cannot be kept in
abeyance for indefinite period of time. There is
shortage of teachers in Government Primary
Schools, therefore public interest demands that

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existing vacancies on the post of teacher are filled at
the earliest.
11. We, therefore, dispose of these writ petitions

with a direction to the Secretary, School Education
and other concerned authorities, to complete the
selection process within two months from date of
presentation of certified copy of this order.








(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
14.10.2026


Mahinder/





MAHINDER SINGH
Digitally signed by MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.10.16 19:33:41 +05'30'