PRAKASH BHATT AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-10-39
HIGH COURT OF UTTARAKHAND
Decided on October 13,2012

Prakash Bhatt And Another Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia,J. - (1.) Heard Mr. H. M. Bhatia, Mr. Alok Mehra and Mr. Jitendra Chaudhary, Advocates for the petitioners and Mr. B. D. Upadhyay, Additional Advocate General for the State of Uttarakhand.
(2.) An information was sought from the learned Additional Advocate General seeking information as to whether there are any vacancy for the post of Assistant Teacher L.T. Grade in Physical Education in the State of Uttarakhand. A statement has been made at the bar that there are 193 vacancies for which he has relied upon a report given by the education authority. The same is taken on record and marked as Annexure X.
(3.) In all these writ petitions, which are presently before this Court today, at the root lies an issue which is common to all and which needs to be determined which is as to whether Degree Holders in Physical Education known as B.P.Ed. are qualified for Assistant Teacher Physical Education though the required qualification is Diploma in Physical Education,which is D.P.Ed. Admittedly B.P.Ed. is a higher qualification than D.P.Ed. B.P.Ed. being a degree and D.P.Ed. being a diploma on the same subject i.e. Physical Education. The determination of that issue by this Court will resolve the controversy in all the aforesaid writ petitions. All the same, before coming to central issue, as referred above, the brief history of the case must be narrated which is as follows.;


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