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2008 Supreme(SC) 414

H.K.SEMA, MARKANDEY KATJU
Dhananjay Malik – Appellant
Versus
State of Uttaranchal – Respondent


judgment

H.K. Sema, J. —

1.Leave granted.

2.These appeals are directed against the judgment and order dated 16.12.2005 passed by the Division Bench of the High Court of Uttaranchal at Nainital in Special Appeal No. 18 of 2004.

3.Special Leave Petition (Civil) Nos.1466 and 2743 of 2006 have been filed by the selected candidates. The High Court by the impugned order set aside the entire selection and appointments of Assistant Teachers (Physical Education) in Garhwal Mandal. According to the High Court, the selection and appointments were made in violation of the Rules. By an interim order dated 27.1.2006 this Court stayed the operation of the order of the High Court and, therefore, they are still holding the posts, for which they have been selected.

4.An advertisement was issued on 24.6.2002 for Garhwal Region for the selection and appointment of the Physical Education Teachers (L.T.Grade). The requisite qualification indicated in the advertisement is B.P.E. or Graduate with Diploma in Physical Education. The unsuccessful candidates in the interview challenged the selected candidates on various grounds. One of the grounds was that the advertisement and selection were not based in accorda

















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