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2016 Supreme(UK) 732

SUDHANSHU DHULIA
Lalit Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Niranjan Bhatt, Advocate
For the Respondent:Mr. V.B.S. Negi, learned Advocate General with Mr. Paresh Tripathi, learned C.S.C., Mr. T.A. Khan, Senior Advocate assisted by Mr. A.K. Arya, Advocate, Mr. Virendra Kaparwan, Standing Counsel

JUDGMENT :

“Teaching is not a lost art, but the regard for it is a lost tradition”, wrote Jacques Barzun, Jacques Barzun, ‘Teacher in America’, (1945) in mid 20th century USA, which finds its echo in the callous disregard for teaching and education in Uttarakhand today. The sheer apathy of the powers that be towards elementary education in the State, lie at the heart of the problem before this Court.

2. The petitioners before this Court have prayed for a writ, order or direction in the nature of mandamus for declaring Rule 7, Rule 9 & Rule 32 of the Uttarakhand Government Elementary Education (Teacher)(Amendment) Service Rules, 2012, as ultra vires to the Constitution of India. The above Rules were incorporated in the main Service Rules vide amendments made in the year 2013 and 2014, respectively. With the said amendments, primarily the “Shiksha Mitras” which are akin to para teachers, are being absorbed as Teachers in Government Primary Schools, inter alia, by exempting a mandatory qual





























































































































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