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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Ankush Kandpal & others - Petitioners
Versus
State of Uttarakhand & others - Respondents
Writ Petition No.1739 of 2021 (S/S)
Decided On : 04-01-2022
AMENDMENT - PRIMARY EDUCATION TEACHERS - Uttarakhand Government (Primary Education) Teachers’ (Fifth Amendment) Service Rules, 2018 - Rule 15(3) and Rule 15(5) - The court discussed the amendment made in the Rules, which provided for the classification of giving preferences to the appointment based on the qualifications held by the candidates. The court highlighted the amendment's enforceability, public domain status, and the knowledge of the petitioners regarding the amendment and the advertisement.
Fact of the Case:
The petitioner responded to an advertisement for the appointment of Assistant Teacher (Primary School) and later filed a writ petition seeking consideration for appointment based on their qualifications. The petitioner argued that the amendment providing preferences in appointment based on educational qualifications was arbitrary and discriminatory.
Finding of the Court:
The court found that the petitioners voluntarily responded to the advertisement and participated in the selection process, indicating their knowledge of the amendment and the stipulations provided in the advertisement. The court rejected the argument of discrimination and held that the petitioners cannot challenge the terms of the advertisement after voluntarily participating in the selection process.
Issues: The issues involved the petitioners' challenge to the amendment providing preferences in appointment based on educational qualifications and their request for equivalence of qualifications.
Ratio Decidendi: Once a candidate voluntarily responds to an advertisement and participates in the selection process, they cannot later challenge the terms of the advertisement. The court emphasized the principle of estoppel and cited relevant judgments to support its decision.
Final Decision: The writ petition was dismissed, but with a clarification that dismissal of the writ petition will not preclude the petitioners from being offered an appointment if they fall within the category of preferences provided under the amended Rules of 2018.
JUDGMENT :
The State of Uttarakhand while exercising it’s powers under the proviso to Article 309 of the Constitution of India, had made an amendment in Uttarakhand Government (Primary Education) Teachers’ (Fifth Amendment) Service Rules, 2018. By virtue of the amendment, which was carried, Rule was amended and the amendment thus permitted to be carried by Modification dated 14.12.2018 reads as under :-
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2. In fact the amendment, which was made enforceable law by a Gazette Notification of 14.12.2018 and as soon as it is notified the amendment falls to be within the public domain. Hence, as a consequence of publication of Gazette Notification by the State, a person cannot take the liberty to contend that the amendment, thus made under Rule 15 providing for the classification of giving preferences to the appointment based on the qualifications held by the candidates, who have admittedly responded to the advertisement issued by the respondent on 20.11.2020, they cannot be permitted to plead that it was not within the knowledge of the petitioner or any such other candidate, who has responded to the advertisement on their own, which was issued by the State. In the case at hand, the respondent no.2 had issued a publication being an Advertisement No. Primary Education 2-357/vigyapti dated 2020–2021 dated 19.12.20. As a consequence of the issuance of the advertisement, the applications were invited from the probable eligible candidates under the terms of the advertisement, to be considered for recruitment as an Assistant Teacher (Primary School) as against the total number of vacancies, which were advertised for the respective Districts.
3. The petitioner contents that in pursuance to the advertisement which was published in relation to the different districts, where the posts were advertised, the petitioner had responded to the advertisement. After having participated in the counselling, which was conducted on 02.12.2021, the petitioner has preferred this writ petition praying for the following relief:-
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