BHARAT SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-11-56
HIGH COURT OF UTTARAKHAND
Decided on November 19,2013

BHARAT SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Alok Singh, J. - (1.) Petitioner applied for the post of Assistant Teacher (Hindi) pursuant to the advertisement dated 30.09.2010 under Ex-servicemen quota. After recruitment process was over, petitioner was found eligible for the post and his name figured at serial no. 8 in the select list. Petitioner was denied appointment on the ground that on the date of submission of application form, he was serving with Indian Army, therefore, he cannot be treated as Ex-servicemen.
(2.) The only question arises for consideration is as to whether petitioner can be considered as Ex-servicemen in the present scenario.
(3.) There is no objection to the fact that petitioner was serving with Indian Army as Havildar and he applied for the post of Assistant Teacher (Hindi) pursuant to the advertisement dated 30.09.2010 under the category of Ex-servicemen. Petitioner participated in the recruitment process. Petitioner was invited for counselling and verification of documents by Uttarakhand Technical Education Board vide letter dated 06.10.2012. Petitioner produced no objection certificate dated 10.09.2010 issued by Indian Army (Annexure No. 7 to the writ petition) to the effect that if petitioner is selected in any civil services, he would be discharged from Indian Army. After counselling, select list was issued by Uttarakhand Technical Education Board to Director General, School Education wherein petitioners name figures. Petitioner was discharged from Indian Army on 30.11.2012 (Annexure No. 9 to the writ petition). Therefore, in these circumstances, petitioner ought to have been considered as Ex-serviceman and denial of appointment to the petitioner seems to be arbitrary and in violation of Article 14 of the Constitution of India, therefore, petition succeeds and is allowed. Respondents are directed to give appointment to the petitioner on the post of Assistant Teacher (Hindi) in Kumoan Region within sixty day from today, if he is otherwise found eligible for the post.;


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