STATE OF UTTARAKHAND Vs. PRAKASH BHATT
LAWS(UTN)-2012-7-86
HIGH COURT OF UTTARAKHAND
Decided on July 19,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Prakash Bhatt Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) THERE has been some delay in preferring these appeals and, accordingly, Applications have been filed seeking condonation of delay in preferring the appeals. We have considered the averments made in the Applications for condonation of delay in preferring the appeals and, being satisfied with the sufficiency of reasons furnished therein, allow the Applications for condonation of delay in preferring the appeals.
(2.) THE subject matter of these appeals are identical. The facts giving rise to the writ petitions, on which a combined judgment and order was passed, which has been appealed against in these appeals, are also identical and laws applicable thereto are also identical. We have, accordingly, decided these appeals together. Heard learned counsel for the parties.
(3.) THE facts, to which there appears to be no dispute, are that the recruitment in the instant case is governed by The Uttar Pradesh Subordinate Educational (Trained Graduates Grades) Service Rules, 1983 (hereinafter referred to as the said "Rules"). The validity of the said Rules has been upheld by the Honble Supreme Court in the case of Dhananjay Malik and others vs. State of Uttarakhand and others, reported in (2008) 4 SCC 171. For the post of LT Grade (TGT) Teacher in Physical Education, the said Rules provide as follows: "Bachelors Degree from a recognised University or a Degree recognised by the Government as equivalent thereto, and Diploma in Physical Education." The above -quoted words have been provided against Serial No. 6 appended below Rule 8 of the said Rules. Rule 8 of the said Rules provides as follows: "A candidate for direct recruitment to the various posts in the service must possess the following qualifications or as specified by the Government from time to time.";


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