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2014 Supreme(UK) 506

K.M.JOSEPH, V.K.BIST
State of Uttarakhand – Appellant
Versus
Keshavanand Jhaldiyal – Respondent


Advocate Appeared:
SPECIAL APPEAL NO. 390 OF 2014
Mr. U.K. Uniyal, Advocate General with Mr. Subhash Upadhyay, Chief Standing Counsel for the State of Uttarakhand/appellants.
Mr. K.P. Upadhyay, Advocate for the respondent.
Mr. Paresh Tripathi, Advocate for the interveners.
SPECIAL APPEAL NO. 394 OF 2014
Mr. Anil Kumar Bisht, Advocate for the appellants.
Mr. K.P. Upadhyay, Advocate for respondent no. 1.
Mr. U.K. Uniyal, Advocate General with Mr. Subhash Upadhyay, Chief Standing Counsel for the State of Uttarakhand/respondent nos. 2 and 3.
SPECIAL APPEAL NO. 395 OF 2014
Mr. Rakesh Thapliyal & Mr. Pankaj Chaturvedi, Advocates for the appellants.
Mr. U.K. Uniyal, Advocate General with Mr. Subhash Upadhyay, Chief Standing Counsel for the State of Uttarakhand/respondent nos. 1 and 2.
Mr. K.P. Upadhyay, Advocate for respondent no. 3.
SPECIAL APPEAL NO. 411 OF 2014
Mr. Paresh Tripathi, Advocate for the appellants.
Mr. K.P. Upadhyay, Advocate for respondent no. 1.
Mr. U.K. Uniyal, Advocate General with Mr. Subhash Upadhyay, Chief Standing Counsel for the State of Uttarakhand/respondent nos. 2 and 3.

Judgment :

K.M. Joseph, C.J.

Since these Appeals involve common questions of law and facts, we are disposing of the same by this common judgment.

2. Appellants are the State of Uttarakhand as well as the private individuals. The writ petitioner (hereinafter referred to as the petitioner) filed the writ petition seeking the following reliefs:

“(i) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the advertisement dated 1st February 2014 (Annexure No. 9 to the writ petition) issued by the Director, Elementary Education, Uttarakhand for selection to the post of Assistant Teacher in various Govt. Primary Schools of the State, as the same is contrary to the Service Rules.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to hold the selection for the post of Assistant Teacher in various Govt. Primary Schools of the State in terms of the provisions of Uttarakhand Govt. Primary Education (Teacher) Service Rules, 2012 as amended in 2013.

(iii) Issue writ, order or direction in the nature of Certior






































































































































































































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