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2024 Supreme(UK) 351

RITU BAHRI, RAKESH THAPLIYAL
Ravishankar Gusain – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandeep Tiwari, Hem Chandra Joshi.
For the Respondents: P.S. Bisht, Ashish Joshi.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. Since, in both the petitions common question of law and facts are involved, therefore, both the petitions are being decided by a common judgment. For deciding the issue, facts of WPSB No. 123 of 2024 are being taken into consideration.

2. By the instant petition, the petitioners are praying for the following reliefs:

    (i) Issue a writ or order in the nature of certiorari to call for the records and to quash Rule 5(3) ¼[k½ and 5(4) ¼[k½ and Rule 6 and Rule 8 of the Uttarakhand State Educational (Teaching Cadre) Gazetted Service Rules, 2022 declaring the same to be invalid being arbitrary and unreasonable and ultra vires to Article 14 and 16 of the Constitution of India.

(ii) Issue a writ or order in the nature of certiorari quashing the impugned advertisement dated 11.03.2024 issued by respondent no. 4 (contained as Annexure No. 1) for limited departmental examination on the post of principal in Government Inter College and Government Girls Inter College.

3. Brief facts, of the case, are that petitioner no. 1 was appointed as an Assistant Teacher (L.T. Grade) in Art subject in the year 2016, petitioner no. 2 was also appointed as an Assistant Teacher (L.T

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