DECISION BY NAINITAL HIGH COURT ON T.E.T.

321 WRITS UPLOADED BY VIJAY KUMAR HEER IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1582 (SS) of 2011 Himanshu Upadhyay and others Versus State of Uttarakhand and others ...Respondents ...Petitioners

Mr. Deepak Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1586 (SS) of 2011 Bharti Bisht and another Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Kishore Kumar, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1590 (SS) of 2011 Neeraj Kumar Pal & others Versus State of Uttarakhand and others .Respondents .. .Petitioners

Mr. Deep Chand Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1593 (SS) of 2011 Chandan Ram and others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Sandeep Tiwari, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Mukund Ballabh Pandey and others Versus

...Petitioners

With Writ Petition No. 1594 (SS) of 2011 State of Uttarakhand and others ...Respondents
Mr. Chetan Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1595 (SS) of 2011 Uma Pandey & others Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. D.S. Mehta, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1597 (SS) of 2011 Rajesh Pandey & others Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. D.K. Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1598 (SS) of 2011 Kripal Singh & others Versus State of Uttarakhand and others .Respondents
Mr. H.S. Rawal, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

...Petitioners

Himanshu Kumar Bhaisora & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Deepak Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With

With Writ Petition No. 1594 (SS) of 2011 Writ Petition No. 1602 (SS) of 2011 Vijay Kumar & others Versus State of Uttarakhand and others .Respondents
Mr. S.S. Chaudhary, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1603 (SS) of 2011 Murari Lal & others Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. Jaivardhan Kandpal, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1604 (SS) of 2011 Suraj Singh Dasila & Versus State of Uttarakhand and others .Respondents
Mr. S.S. Chaudhary, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

Manoj Kumar & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. D.K. Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1607 (SS) of 2011 Sanjay Kumar Sandoya & others Versus State of Uttarakhand and others
Mr. Rakesh Kunwar, Advocate present for the petitioners.

...Petitioners

.Respondents

With Writ Petition No. 1594 (SS) of 2011

Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1608 (SS) of 2011 Vikram Singh & others Versus State of Uttarakhand and others .Respondents
Mr. Ravindra Singh Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

...Petitioners

With Writ Petition No. 1609 (SS) of 2011 Smt. Meena Mahar Versus State of Uttarakhand and others .Respondents
Mr. S.S. Chaudhary, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioner

Arvind Kumar & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Raveendra Singh Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1612 (SS) of 2011 Mahipal Chand and another Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Bhuvnesh Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1615 (SS) of 2011

With Writ Petition No. 1594 (SS) of 2011 Suresh Chandra Singh & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Sandeep Tiwari, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1617 (SS) of 2011 Bishan Singh & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Rajesh Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Neelam & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Bhupendra Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1619 (SS) of 2011 Pushpa and another Versus State of Uttarakhand and others .Respondents
Mr. Rajeev Sharma, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1621 (SS) of 2011 Suresh Chandra & others Versus State of Uttarakhand and others .Respondents
Mr. Rakesh Kumar Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the

.Petitioners

With Writ Petition No. 1594 (SS) of 2011

Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1623 (SS) of 2011 Rajeev Rawat & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Deepak Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Sompal Singh Bavaria & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Anil Dabral, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1628 (SS) of 2011 Jaywant Singh & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Rakesh Kunwar, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1629 (SS) of 2011 Harish Kumar and & others Versus State of Uttarakhand and others .Respondents
Mr. Deepa Arya, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1630 (SS) of 2011 Mukesh Chandra Upadhyay & others .Petitioners

With Writ Petition No. 1594 (SS) of 2011 Versus State of Uttarakhand and others .Respondents
Mr. Navnish Negi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Rajiv Rawat & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. D.C.S. Rawat, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1632 (SS) of 2011 Chandra Shekhar & others Versus State of Uttarakhand and others .Respondents
Mr. Raveendra Singh Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1633 (SS) of 2011 Pranil Kumar Joshi & others Versus State of Uttarakhand and others .Respondents
Mr. Rakesh Kumar Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1637 (SS) of 2011 Bishan Ram & others Versus State of Uttarakhand and others .Respondents
Mr. Puran Singh Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1594 (SS) of 2011 Bhupendra Mohan Pant & others Versus State of Uttarakhand and others ...Respondents
Mr. Yogesh Pacholia, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

...Petitioners

With Writ Petition No. 1642 (SS) of 2011 Manoj Pant & others Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. Chetan Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1643 (SS) of 2011 Jagdamba Khanduri & others Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. T.P.S. Takuli, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1646 (SS) of 2011 Dalveer Kaur Versus State of Uttarakhand and others .Respondents ...Petitioner

Mr. Abhishek Verma, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Ravi Kumar Versus State of Uttarakhand and others

...Petitioner

...Respondents

Mr. Raveendra Singh Bisht, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the

With Writ Petition No. 1594 (SS) of 2011

Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1648 (SS) of 2011 Vinod Khulbe & another Versus State of Uttarakhand and others .Respondents ...Petitioners

Mr. Swapnil Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1651 (SS) of 2011 Neeraj Kumar & others Versus State of Uttarakhand and others .Respondents
Mr. Ajay Veer Pundir, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

With Writ Petition No. 1652 (SS) of 2011 Rajendra Kumar & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. T.P.S. Takuli, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Ragini Joshi Versus State of Uttarakhand and others

.Petitioner

.Respondents

Mr. P.C. Petshali, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1656 (SS) of 2011 Om Prakash & others ...Petitioners

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With Writ Petition No. 1594 (SS) of 2011 Versus State of Uttarakhand and others .Respondents
Mr. Rakesh Kunwar, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1658 (SS) of 2011 Rajesh Chandra & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Shivanand Bhatt, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1659 (SS) of 2011 Rakesh Kumar & others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. P.C. Petshali, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Pradeep Chandra Pandey & others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Abhishek Verma, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1662 (SS) of 2011 Pushpa Kumar & another Versus State of Uttarakhand and others .Respondents
Mr. Raveendra Singh Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

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With Writ Petition No. 1594 (SS) of 2011 With Writ Petition No. 1664 (SS) of 2011 Gaurav Kumar Versus State of Uttarakhand and others .Respondents .Petitioner

Mr. Manish Arora, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1667 (SS) of 2011 Sundar Singh Versus State of Uttarakhand and others .Respondents
Mr. Rakesh Kumar Joshi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioner

Kailash Chandra Gwasikoti & another Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Bhagwat Mehra, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1670 (SS) of 2011 Sanjay Kumar Versus State of Uttarakhand and others .Respondents ...Petitioner

Mr. Narain Dutt, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1671 Usha Rani Versus (SS) of 2011 .Petitioner

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With Writ Petition No. 1594 (SS) of 2011 State of Uttarakhand and others .Respondents

Mr. Narain Dutt, Advocate present for the petitioner. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1672 (SS) of 2011 Sikha Gupta and another Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. H.S. Rawal, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

Bitina Kumar and others Versus State of Uttarakhand and others

.Petitioners

.Respondents

Mr. Navnish Negi, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1675 (SS) of 2011 Rajeev Kandpal Versus State of Uttarakhand and others .Respondents .Petitioner

Mr. Amish Tiwari, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

With Writ Petition No. 1676 (SS) of 2011 Manish Bagdwal and others Versus State of Uttarakhand and others .Respondents .Petitioners

Mr. Deepak Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

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With Writ Petition No. 1594 (SS) of 2011 With Writ Petition No. 1679 Rajesh Nautiyal and others Versus State of Uttarakhand and others .Respondents (SS) of 2011 .Petitioners

Mr. Jayvardhan Kandpal, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

And Writ Petition No. 1680 (SS) of 2011 Berendra Singh Chauhan and others Versus State of Uttarakhand and others .Respondents
Mr. Deepak Bisht, Advocate present for the petitioners. Mr. Anil Bisht, Brief Holder present for the State of Uttarakhand. Ms. Seema Sah, with Ms. Geeta Parihar, and Mr. Asif Ali, Advocate for the Uttarakhand Vidyalayi Shiksha Parishad. Mr. T.A. Khan, Advocate for National Council for Teacher Education.

.Petitioners

Hon'ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. Deepak Bisht, Advocate for the petitioners, Mr.

Anil Bisht, Brief Holder for the State of Uttarakhand, and Ms. Seema Sah, Ms. Geeta Parihar, and Mr. Asif Ali, respectively for "Uttarakhand Vidyalayi Shiksha Parishad" as well as Mr. T.A. Khan, Advocate present for National Council for Teacher Education.

2.

In all these connected writ petitions a common question

is involved and the respective counsels appearing for the "Uttarakhand Vidyalayi Shiksha Parishad", namely, Ms. Seema Sah, Ms. Geeta Parihar, and Mr. Asif Ali, Advocates, which is the necessary party in the present writ petitions fairly submit that the writ petitions be disposed of at the admission stage itself for the peculiar facts and circumstances of the case.

14

With Writ Petition No. 1594 (SS) of 2011 3. Although all the writ petitions are being disposed of by

the present orders, the facts of the case which has been mentioned are of Writ Petition No. 1582 (SS) of 2011, only for the sake of convenience.

4.

All the petitioners before this Court are the candidates

for an examination known as Teachers Eligibility Test (hereafter referred to as "TET"). This examination was conducted under the directions of a Central Body known as National Council for Teacher

Education (hereinafter referred to as "NCTE") by which the State Government was to conduct such an examination, which is known as Uttarakhand Teachers Eligibility Test (hereinafter referred to as "UTET"). A candidate who is desirous to become a teacher in an elementary school must qualify with at least 60% of marks (for General Category candidates), and for the reserved category candidates they must qualify this

examination with a minimum 50% marks. This would be one of the eligibilities for a teacher in elementary schools, in the State of Uttarakhand. This has been done after the Right to Education being incorporated in Constitution of India under Article 21-A vide Constitution (Eighty Sixth Amendment Act) and consequently, the Parliament enacting an Act known as "Right to Education Act, 2009" whereby, inter alia, it has been stipulated that it is the Right of a child not only to get an elementary education but a "meaningful elementary

education." Pursuant to the direction of NCTE the State of Uttarakhand invited the applications from eligible candidates to appear in "TET" examination. One of the conditions imposed by the State Government in the examination (under the direction of NCTE) is that a candidate who possesses B.Ed. qualification will only be eligible to appear in the present

15

With Writ Petition No. 1594 (SS) of 2011 examination, if he has at least 50% in graduation, for general category candidates and 45% for reserved category candidates.

5. Thereafter, a large number of writ petitions were filed before this Court challenging both the authority of the NCTE as well as the State Government to conduct such an examination (i.e. TET), and more particularly the imposition of a condition of having a minimum percentage of marks in graduation a candidate having B.Ed. qualification. These writ petitions were filed by the petitioners in which leading case was Writ Petition No. 772 (SS) of 2011 (Baldev Singh and others Vs. State of Uttarakhand and others) was decided by an order dated 20.8.2011, holding the validity of TET and rejecting the claim of the petitioners regarding holding of such examination. At the same time, this Court also held that fixing the minimum percentage of marks in graduation for this examination has actually no nexus with the object sought to be achieved and therefore, the writ petitions were disposed of with certain directions. It was held that such a restriction (of having minimum percentage in graduation) is both unreasonable, unjust and violative of Article 14 of the Constitution of India. Therefore, this Court declared such a condition of asking a minimum percentage of marks in graduation from candidates having B.Ed.

qualification was violative of Article 14 of the Constitution of India. Further this Court directed the respondent to permit the petitioners to appear in TET, Examination treating them to be qualified.

6.

At this juncture, it is necessary to state that Board, NCTE

and consequently, the State Government had also during the pendency of the above writ petitions had reduced the percentage of marks from 50% to 45% for general category

16

With Writ Petition No. 1594 (SS) of 2011 candidates and from 45% to 40% for the reserved category candidates.

7.

This

Court

has

also

been

informed

that

State

Government as well as NCTE has not filed any special appeal against this judgment before this Court nor any petition before the Hon'ble Apex Court. Therefore, the above referred judgment has attained a finality. As such, candidates are held to be eligible to appear in the examination and there is no reason to withhold the result of such candidates merely because the petitioners were not party in the above writ petitions. This Court has been informed that such candidates who have appeared in the examination are either being treated to be disqualified or their results have been withheld who have less than minimum prescribed percentage in their graduation. It has further been submitted before this Court that all these candidates are being compelled to obtain orders from this Court, hence these writ petitions.

8.

In view of this, this inaction on the part of the

respondents is highly unreasonable and has caused undue hardship to the petitioners. The judgment of this Court passed in Writ Petition No. 772 (SS) of 2011 was a judgment of the candidates having judgment in rem and not a judgment in persona.

9.

Counsel

appearing

for

the

Uttarakhand

Vidyalayi

Shiksha Parishad has filed a letter dated 23.11.2011, which is taken on record, which has been received through Secretary, "Uttarakhand Vidyalayi Shiksah Parishad" in which the respondents state that to a certain extent the Board has accepted its mistake and clarified its position now and on a mere representation by the petitioners the result of such

17

With Writ Petition No. 1594 (SS) of 2011 candidates (like the present petitioners) is liable to be declared. However, there should be no such need for any such formality being asked from the petitioners, in case the petitioners had a recognized B.Ed. qualification, they shall be treated to be qualified irrespective of the marks they had obtained in their graduation provided they are graduates from a duly recognized University. Nothing, further needs to be stated by this Court. 10. With the aforesaid direction, the writ petitions are

allowed.

11.

No order as to costs.

12.

Certified copy of this order be issued today itself.

(Sudhanshu Dhulia, J.) Dated: 25.11.2011