JUDGMENT :

Ravindra Maithani, J.

The challenge in the instant petition is made to the Government Order dated 21.12.2018, by which, the process for recruitment of Assistant Teacher (LT Grade) initiated pursuant to the advertisement dated 23.02.2014 has been stopped. The petitioners have also sought other directions for conducting counselling/verification of documents against the advertisement dated 23.02.2014.

2. The facts necessary to appreciate the controversy briefly stated are as follows. The respondent no.5, Uttarakhand Technical Education Board (for short, “the Board”) invited applications by an advertisement dated 23.02.2014 for appointment to the post of Assistant Teachers (LT Grade). The selection was to be conducted on 3089 vacancies. 10% horizontal reservation was made available to the candidates claiming the benefit of Uttarakhand Rajya Andolankari. It was subject to the final outcome of the Writ Petition (PIL) No.67 of 2011. The petitioners applied in response to the advertisement. A Written Examination was conducted by the Board. The Board declared result on 18.04.2016 on all vacancies in different subjects except the vacancies, which were earmarked under 10% horizontal reservation for Uttarakhand Rajya Andolankari. The selected candidates were invited for documents verification on various dates. After verification, the candidates were recommended. In all, 10 times this exercise was undertaken as hereunder:-

3. It may be noted that initially the process for documents verification was not done with regard to the vacancies earmarked for the Uttarakhand Rajya Andolankari. This Court in its judgment passed in Writ Petition (S/S) No.398 of 2015, Manish Rawat vs. State of Uttarakhand and others, declared the horizontal reservation in favour of the Uttarakhand Rajya Andolankari as un-constitutional and ultra vires. Pursuant thereto, by a public notice dated 28.06.2018, the process for documents verification was also undertaken for the remaining 10% vacancies, which were otherwise earmarked for the Uttarakhand Rajya Andolankari. It is thereafter, the documents verification process started from the 7th round onwards (from 28.06.2018 onwards).

4. The petitioner no.1 had applied for the post of Assistant Teacher (LT Grade) Maths; the petitioner no.2 applied for the post of Assistant Teacher (LT Grade) Science and the respondent no.3 applied for the post of Assistant Teacher (LT Grade) General Subject. They had secured 114.75, 105.75 and 100 marks respectively in their corresponding subjects. It is admitted case of the parties that after first documents verification report, the cut off marks reduced so as to call other candidates for documents verification.

5. It is the case of the petitioners that the Board did not make recommendation against all the advertised vacancies but, has made recommendation in piecemeal manner only against the vacancies, for which, suitable candidates were found. Suddenly, by virtue of a Government Order dated 21.12.2018, the process for recruitment of the Assistant Teachers (L.T. Grade) pursuant to the advertisement dated 23.02.2014 has been stopped. According to the petitioners, they are next in the list below the last selected candidates; the Government Order dated 21.12.2018 is not su