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2023 Supreme(SC) 1183

B. R. GAVAI, PRASHANT KUMAR MISHRA
Jaiveer Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Jatinder Kumar Sethi, D.A.G. Mrs. D. Bharathi Reddy, AOR Mr. Nishant Sharma, Adv. Ms. Adviteeya, Adv. Mr. U K Uniyal, Sr. Adv. Mr. Dhananjay Garg, AOR Mr. Dk Garg, Adv. Mr. Abhishek Garg, Adv. Mr. Ishaan Tiwari, Adv. Ms. Ishita Bist, Adv. Mr. R.p. Bansal, Adv. Mr. Chanakya Gupta, Adv.
For the Respondent(s): Mr. Ashish Kumar Tiwari , AOR Mr. Ghanshyam Singh, Adv. Mr. Sonit Sinhmar, Adv. Mr. Rajnish Kumar Jha, AOR Mr. Jatinder Kumar Sethi, D.A.G. Mrs. D. Bharathi Reddy, AOR Mr. Nishant Sharma, Adv. Ms. Manisha T. Karia, AOR Ms. Nidhi Nagpal, Adv. Mr. Rohan Trivedi, Adv. Ms. Swapnil Baudh, Adv. Mr. Aditya Kesar, Adv. Mr. Arun Kumar, Adv. Mr. Sarang Surendar Chowdhry, Adv. Mr. Shashank Surendar Chowdhry, Adv. Mr. Shivam Surendar Chowdhry, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Varinder Kumar Sharma, AOR Mr. Shantanu Sharma Adv, Adv. Ms. Deeksha Gaur Adv, Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Ibad Mushtaq, Adv. Ms. Akanksha Rai, Adv. Mr. Sumeer Sodhi, AOR Mr. Arjun Nanda, Adv. Mr. Dhruv Wadhwa, Adv. Mr. Salman Khurshid, Sr. Adv. Ms. Lubna Naaz, AOR Ms. Tehsheena Z Hussain, Adv. Mr. Ghanshyam Singh, Adv. Mr. Rajnish Kumar Jha, AOR Mr. V K Shukla, Sr. Adv. Ms. Meenakshi Arora, Sr. Adv. Mr. Suryodaya Prakash Tiwari, Adv. Mr. Devendra Kumar Shukla, AOR Ms. Shachi Pandey, Adv. Ms. Keshari Kumar Tiwari, Adv. Mr. Aditya Mishra, Adv. Mr. Narendra Bahadur Tiwari, Adv. Mr. Sahil, Adv. Mr. Amit Kumar Gupta, Adv. Ms. Shreya Singh, Adv. Mr. Onkar Singh, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. These appeals challenge the common judgment and order dated 14th September 2022 passed by the High Court of Uttarakhand at Nainital in a bunch of writ petitions which were filed challenging the order dated 10th February 2021 issued by the Secretary, Department of Elementary Education, Uttarakhand, Dehradun vide which he recalled his earlier order dated 15th January 2021. The High Court, vide the impugned judgment and order, held that the 18 months Diploma in Elementary Education (for short, “D.El.Ed.”) conducted through the Open and Distance Learning (for short, ‘ODL’) mode in elementary education by the National Institute of Open Schooling (hereinafter referred to as ‘NIOS’) is a valid Diploma for applying against the regular posts of Assistant Teachers (Primary) in the State of Uttarakhand. The High Court therefore directed the State to consider the candidatures of the petitioners therein for the said post on the basis of the applications made by them pursuant to the advertisement issued by the Department of Elementary Education, Government of Uttarakhand, Dehradun.

3. Appeals arising out of SLP(C) Nos. 23583-84 of 2022 are filed by the


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