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2022 Supreme(UK) 253

VIPIN SANGHI, R.C.KHULBE
Nandan Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. C.D. Bahuguna, learned Senior Counsel assisted by Mr. Mahavir Kohli, Mr. Niranjan Bhatt, Mr. Naveen Chandra Tiwari, Mr. Pankaj Tangwan, Mr. Mohd. Safdar, Mr. M.S. Bhandari, Mr. A.M. Saklani, Ms. Neetu Singh, Mr. Vinay Kumar, Mr. Alok Dalakoti, Mr. Syed Kashif Jafri, Mr. B.S. Negi, Mr. Devesh Upreti, Mr. Ravi Shankar Kandpal, Mr. V.P. Bahuguna, Mr. Rajendra Tamta, Mr. Anil Kumar, Mr. Rajendra Arya and Mr. Parikshit Saini, learned counsel.
For the Respondents:Mr. S.S. Chauhan, learned Deputy Advocate General, Mr. Yogesh Pacholia, learned counsel, Mr. Shashank Upadhyay, learned counsel, Mr. Saurav Adhikari and Mr. S.C. Dumka, learned Standing Counsel, Ms. Neeti Rana, learned counsel, Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Prasanna Karnataka, learned counsel, Mr. K.P. Upadhyay, learned Senior Counsel assisted by Mr. Hemant Pant, learned counsel.

JUDGMENT :

Vipin Sanghi, J.

The petitioners have preferred the present writ petitions to assail the communication / order bearing No. 236/XXIV-A/1/2021/18/2018 T.C. dated 10.02.2021, issued by the Secretary, Department of Elementary Education, Uttarakhand, Dehradun, whereby he recalled the earlier order bearing No. 103/XXIV-A-1/2-21-18/2018 T.C. dated 15.01.2021.

2. By the aforesaid order dated 15.01.2021, the said Secretary had conveyed the decision of the Government of Uttarakhand that such candidates, who have got the D.El.Ed training from the National Institute of Open Schooling (NIOS) in the State through Open and Distance Learning (ODL) for eighteen months in the years 2017-19, and who have fulfilled other prescribed standards and eligibility conditions for the post of Assistant Teacher (Primary), along with passing TET First, are also permitted to participate in the selection process of filling up the vacancies of Assistant Teachers (Primary) pursuant to the advertisements issued district-wise. The effect of the decision contained in the impugned communication dated 10.02.2

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