Uttarakhand High Court

Candidates appearing for document verification in one district cannot challenge selection in other districts conducted simultaneously.

NEHA SHARMA vs STATE OF UTTARAKHAND

Uttarakhand High CourtJUDGMENT: May 25, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Petitioners applied for the post of Assistant Teacher in Government Primary Schools across 13 districts in Uttarakhand. Selection was based on quality point marks awarded for scholastic performance.

Source reference: p.2

Counseling and document verification for all 13 districts were scheduled and conducted on the same day, January 12, 2026.

Source reference: p.3

The petitioners participated in counseling in only one district and subsequently challenged the process, contending they were deprived of opportunities in other districts.

Source reference: p.3

They further alleged that the selection was flawed because no merit list was prepared prior to counseling, as required under Rule 17 of the applicable service rules.

Source reference: p.3
02

Issues

1. Whether the scheduling of counseling for all districts on the same day was legally infirm or prejudicial to the petitioners’ rights.

Source reference: p.4 / para. 5

2. Whether the recruitment process violated Rule 17 due to the alleged non-preparation of a merit list prior to counseling.

Source reference: p.3 / para. 3; p.5 / para. 6
03

Law Applied

Doctrine of Election: when a party voluntarily chooses one of two or more available courses of action, they are bound by that choice and cannot later grievance the consequences of neglecting the alternatives.

Source reference: p.5

Rule 17 of the applicable service rules regarding the mandatory preparation of merit lists based on quality point marks for teacher recruitment.

Source reference: p.3
04

Reasoning

The Court rejected the petitioners' contention that merit lists were missing, noting that the State Counsel produced lists for several districts showing candidates arranged in order of merit, thus satisfying Rule 17.

Source reference: p.5

Regarding the unified date of counseling, the Court observed that since petitioners applied for multiple districts, it was their responsibility to approach authorities for a staggered schedule before the process concluded.

Source reference: p.4

By appearing in one district, the petitioners exercised their "election." The Court reasoned that appointments of other candidates in different districts cannot be disturbed at a "belated stage" simply because a petitioner chose not to appear there, as the competent authority for those districts never had the opportunity to verify the petitioners' documents.

Source reference: p.4
05

Holding

The Court dismissed the challenge to the selection process, holding that the petitioners were bound by their choice of district under the doctrine of election.

The Court directed the District Education Officers to upload the list of successful candidates and their marks on the official website within ten days. The petitions were disposed of with the direction that if any petitioner participated in counseling but was overlooked in favor of a less meritorious candidate within that same district, they may submit a representation to the competent authority for a decision within one month. All interim orders were vacated.

Source reference: p.5/6
Uttarakhand High Court

Original Court PDF

NEHA SHARMAvsSTATE OF UTTARAKHAND

Uttarakhand High Court · May 25, 2026

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