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2022 Supreme(UK) 9

MANOJ KUMAR TIWARI
Om Prakash Gaur – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Abhilash Nainwal and Mr. Vinay Kumar, Advocates
For the Respondent: Mr. C.S. Rawat, Mr. D.K. Joshi, Mr. Lalit Samant and Mr. Abhijay Negi, adv

JUDGMENT :

1. Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 1211 of 2021 are being considered.

2. Uttarakhand Subordinate Service Selection Commission issued an advertisement on 13.10.2020 inviting applications for the post of Assistant Teacher L.T. Grade in various subjects and the last date of submission of online application was mentioned as 04.12.2020. The academic qualification required for different subjects was in terms of Uttarakhand Subordinate Education (Trained Graduate Category) Service Rules, 2014, as amended in 2019.

3. Petitioners applied in response to the said advertisement for the post of Assistant Teacher L.T. Grade (Art) for which academic qualification required at the relevant point of time was as follows:

    “(1) Graduate degree in Drawing and Painting/Fine Art (painting)/Visual Art (painting) from any University established by law in India.

(2) Degree of B.Ed. from any Government or Government recognized training Institution /College.

Or

Degree of BA.Ed. of minimum four years in the subject of Arts from an

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