Facts
The petitioner, a resident of Uttar Pradesh who completed his entire education (High School, Intermediate, and D.El.Ed.) in that state, challenged a recruitment advertisement dated 07.11.2025
Source reference: para. 3The advertisement, issued by the District Education Officer (Primary), Almora, for the post of Assistant Teacher, contained Clause ‘Ga,’ which required candidates to satisfy one of three conditions: (i) be a permanent resident/domicile of Uttarakhand, (ii) be registered with an employment exchange in Uttarakhand, or (iii) have passed 10th or 12th examinations from a school within Uttarakhand
Source reference: para. 3The petitioner, meeting none of these criteria, sought to challenge the clause and requested a direction to the authorities not to reject his candidature
Source reference: para. 3The State contended the conditions were based on statutory rules notified on 28.06.2019
Source reference: para. 4Issues
Whether the eligibility conditions stipulated in Clause ‘Ga’ of the advertisement are legally sustainable and within the employer's prerogative to determine
Source reference: para. 6Whether the Court should exercise its power of judicial review to interfere with recruitment conditions that the petitioner fails to meet under both the advertisement and the statutory rules
Source reference: para. 6Law Applied
The Court primarily applied the statutory rules regarding eligibility for public services framed in 2010, as amended by the notification dated 28.06.2019
Source reference: para. 4, 6It relied on the administrative law principle that an employer possesses the authority to determine specific eligibility conditions for appointment to public services
Source reference: para. 6Furthermore, the Court applied the standard of judicial review, which dictates that administrative conditions in a recruitment process remain valid unless they are "so unreasonable" as to warrant judicial interference
Source reference: para. 6Reasoning
The Court noted that while some conditions in the advertisement might not be explicitly referable to the 2019 amendment rules, the petitioner indisputably failed to satisfy the criteria set forth in both the advertisement and the applicable rules
Source reference: para. 6The Court reasoned that the eligibility of a candidate must be strictly tested against the advertisement and the governing statutory framework
Source reference: para. 6It further observed that the requirement for local residency, local registration, or local schooling was not "so unreasonable" as to justify the court’s intervention through judicial review
Source reference: para. 6Because the petitioner did not meet any of the three alternative eligibility benchmarks determined by the employer, the Court found no legal basis to grant an exemption or strike down the clause
Source reference: para. 6Holding
The Court held that every candidate for public service must meet the eligibility conditions determined by the employer and that the petitioner’s failure to meet any of the three prescribed conditions precluded his appointment
The Court found no grounds to interfere with the advertisement or the rules
Source reference: para. 6Consequently, the writ petitions were dismissed
Source reference: para. 6Original Court PDF
MANISHA SINGHvsSTATE OF UTTARAKHAND
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