SARITA TIWARI vs STATE OF UTTARAKHAND

UKHC010032312022

2026:UHC:10126-DB
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

SPA/44/2022
Sarita Tiwari
--Appellant
Versus
State of Uttarakhand and others.
--Respondents
Hon'ble Manoj Kumar Tiwari, A.C.J.
Hon'ble Subhash Upadhyay, J.
1. Sri Rachit Tiwari, learned counsel for
appellant.
2. Sri M.S. Bisht, learned Brief Holder for the
State of Uttarakhand.
3. Sri P.S. Bohra, learned counsel for
respondent No. 5.
4. This intra-Court Appeal is directed against
03.11.2
026
judgment and order dated 14.12.2021 passed by
learned Single Judge in Writ Petition (S/S) No.
1583 of 2021 titled ‘Sarita Tiwari vs. State of
Uttarakhand and others’. By the said judgment,
appellant’s writ petition was dismissed.
Operative portion of the impugned judgment is
reproduced below:-
“14. This Court is of the view, that exception
to an applicability of an age bar provided
under the Regulations, could only be by way
of a specific incorporation by way of
legislation and not otherwise, as it has been
construed by the learned counsel for the
petitioner. Since the provisions contained
under the regulations do not create any
specific bar of an applicability of the
provisions of cut-off age provided therein, it
would be deemed that the age prescribed
therein, would also be equally made
applicable to the minority institutions. Hence,
for the aforesaid reasons, I am not inclined to
interfere in the writ petition; the writ petition
is accordingly dismissed. ”

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5. Reliefs, sought by appellant in Writ Petition
(S/S) No. 1583 of 2021, are extracted below:-
“I. Issue a writ, order or direction in the
nature of the certiorari quashing the oral
rejection/denial of the candidature of the
petitioner without assigning any specific
reason so summon the whole
proceeding/minutes and quashed it.

II. Issue a writ, order or direction in the
nature of the mandamus directing the
respondent no. 3 and 4 to not cancel the
candidature of the petitioner and further
prayed to restrain them to appoint any other
candidate without adopting due process of
law.

III. Issue a writ, order or direction in the
nature of the mandamus directing the
respondents to grant financial approval in the
favour of petitioner issuing the appointment
order as she is having all the requested
qualification as per law and further prayed to
permit the petitioner to teach in the aforesaid
institution as a regular Lecturer (English).”

6. In his writ petition, appellant contended
that even though she was more than 43 and half
years of age at the time of making application, but
her candidature cannot be rejected on the ground
that she has become over-age.
7. Advertisement issued by Manager, Mission
Inter College, Pithoragarh on 16.04.2021 is on
record as Annexure-1 to the writ petition. It is
clearly mentioned in the Advertisement that
academic qualification and requirement as to age
would be the same as applicable for appointment
to government intermediate college(s).

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8. Learned State Counsel, on instructions,
submits that the upper age limit for appointment
as a teacher in government intermediate colleges
is 42 years.
9. Since there is no separate provision dealing
with minority institutions as regards prescription
of upper age limit for appointment as teachers,
therefore the view taken by learned Single Judge
cannot be faulted. From perusal of the records, it
is revealed that Ms. Prashansa Singh was
recommended for appointment against the
vacancy in question and has already been
appointed as Lecturer (English) in Mission Inter
College, Pithoragarh.
10. Therefore, we do not find any reason to
interfere with the view taken by learned Single
Judge.
11. The Special Appeal is, accordingly,
dismissed.


(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
03.11.2026 03.11.2026
Rathour
















PRAVINDRA
SINGH
RATHOUR
Digitally signed by PRAVINDRA SINGH RATHOUR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3ae
b1097d17dbb53d481cabd25946eed,
postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40CC61
79B8E010331BA695239171F906FD5C45C4E8,
cn=PRAVINDRA SINGH RATHOUR
Date: 2026.11.04 16:25:32 +05'30'

UKHC010032312022

2026:UHC:10126-DB