TRIVENI CHANDRA PANDEY Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Triveni Chandra Pandey
STATE OF UTTARAKHAND
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PRAFULLA C.PANT, J. -
(1.) THIS appeal, preferred under Chapter VIII Rule -5 of the Rules of
Court, 1952, is directed against the judgment and order dated 08.05.2012
passed by a learned Single Judge of this Court in a bunch of petitions,
including writ petition no.1898 of 2011 (S/S) with Writ Petition No.1888
of 2011 (S/S), Anil Chandra Pandey & others Vs. State of Uttarakhand &
(2.) HEARD learned counsel for the parties and perused the papers on record.
(3.) THE present appellant is the writ petitioner no.1 of writ petition no.1898 of 2011 (S/S). Through the said writ petition, the writ
petitioners had made following prayers: -
A. "Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 to 3 to consider the total number of posts of Trainee Teachers for all the applicants irrespective of their domiciliary district through one common application form: OR Issue a writ, order or direction in the nature of mandamus directing the respondents no.1 to 3 to allow them to apply for the posts advertised for each district against the vacancies earmarked for it through separate application forms for each district; B. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to extend the deadline date of 01.01.2012, where after the persons having B. Ed. Degree would not be inducted as Primary School Teachers in Government Primary Schools; C. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to implement the Right to Education Act, 2011 in its true spirit in the State of Uttarakhand; D. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to ensure the implementation of guidelines issued by it; E. Issue any other writ, order or direction which this Honble Court may deem fit and proper in the facts and circumstances of the case. F. Award the cost of the present writ petition to the petitioners."
Briefly stated, the writ petitioners, in the writ petition, challenged the Government Order dated 14.12.2011, whereby the
advertisement dated 15.12.2011 was issued inviting applications from the
eligible candidates for the posts of 2253 Trainee Teachers in the
Government Primary Schools in the State of Uttarakhand. The grievance of
the present appellant is that the requirement, that a candidate must be a
domicile of the District in which he is applying to the post, is
discriminatory and violative of Articles 14 and 16 of the Constitution of
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