HIGH COURT OF UTTARAKHAND
VIKAS KUMAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 412 / 2026
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures WPSS/ 412/ 2026 Hon’ble Manoj Kumar Tiwari, J
1. Mr. G.D. Joshi, learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. Mr. Yogesh Kumar Pacholia, learned counsel for respondent no. 3.
4. Petitioner belongs to Scheduled Caste category. He applied for appointment as Assistant Teacher Primary (Science) pursuant to advertisement dated 07.11.2025 issued by District Education Officer (Elementary), Chamoli (respondent no.
4).
5. Since petitioner’s name did not figure in the select list, therefore, he has approached this Court seeking the following reliefs:-
(i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondents to fill up all the advertised and reserved vacancies of Assistant Teacher (Primary), particularly the vacant posts earmarked for the Scheduled Caste category in the Science stream, strictly in accordance with the recruitment advertisement, the applicable statutory rules, NCTE norms and constitutional mandates;
(ii) Issue a writ, order or direction directing the Respondent to consider and appoint the Petitioner against the available vacant post reserved for the Scheduled Caste category in the Science stream, in accordance with his merit position, forthwith;
(iii) Issue a writ, order or direction declaring the action of the Respondents in leaving reserved posts vacant despite availability of eligible and more meritorious Scheduled Caste candidates as arbitrary, illegal discriminatory and violative of Articles 14, 16 and 46 of the Constitution of India.
5. Learned counsel for the petitioner submits that in District Chamoli, only eight vacancies on the reserved post of Assistant Teacher (Science) have been filled, and six vacancies are still available, which have to be filled on the result of the same selection. He submits that direction deserves to be issued to the Competent Authority to supply all available vacancies on reserved posts.
6. Learned State Counsel submits that if petitioner has any grievance, regarding non-supply of all available vacancies, then he can make representation to the Competent Authority.
7. Accordingly, the writ petition is disposed of with liberty to petitioner to make a representation to the District Education Officer (Elementary), Chamoli, within one week from today. If petitioner makes a representation within the stipulated time, then the District Education Officer shall take a decision thereupon within four weeks thereafter.
(Manoj Kumar Tiwari, J)
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