Uttarakhand High Court
WPSS/412/2026 on 16 February, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:948
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/412/2026
Hon'ble Manoj Kumar Tiwari, J
1. Mr. G.D. Joshi, learned counsel for
the petitioner.
2. Mr. Narayan Dutt, learned Standing
Counsel for the State of Uttarakhand.
3. Mr. Yogesh Kumar Pacholia, learned
counsel for respondent no. 3.
4. Petitioner belongs to Scheduled
Caste category. He applied for
appointment as Assistant Teacher
Primary (Science) pursuant to
advertisement dated 07.11.2025 issued
by District Education Officer
(Elementary), Chamoli (respondent no.
4).
5. Since petitioner’s name did not
figure in the select list, therefore, he has
approached this Court seeking the
following reliefs:-
(i) Issue a writ, order or direction in the nature of
Mandamus commanding the Respondents to fill
up all the advertised and reserved vacancies of
Assistant Teacher (Primary), particularly the
vacant posts earmarked for the Scheduled
Caste category in the Science stream, strictly in
accordance with the recruitment advertisement,
the applicable statutory rules, NCTE norms and
constitutional mandates;
(ii) Issue a writ, order or direction directing the
Respondent to consider and appoint the
Petitioner against the available vacant post
reserved for the Scheduled Caste category in
the Science stream, in accordance with his
merit position, forthwith;
(iii) Issue a writ, order or direction declaring the
2026:UHC:948
action of the Respondents in leaving reserved
posts vacant despite availability of eligible and
more meritorious Scheduled Caste candidates
as arbitrary, illegal discriminatory and violative
of Articles 14, 16 and 46 of the Constitution of
India.
5. Learned counsel for the petitioner
submits that in District Chamoli, only
eight vacancies on the reserved post of
Assistant Teacher (Science) have been
filled, and six vacancies are still
available, which have to be filled on the
result of the same selection. He submits
that direction deserves to be issued to
the Competent Authority to supply all
available vacancies on reserved posts.
6. Learned State Counsel submits that
if petitioner has any grievance, regarding
non-supply of all available vacancies,
then he can make representation to the
Competent Authority.
7. Accordingly, the writ petition is
disposed of with liberty to petitioner to
make a representation to the District
Education Officer (Elementary), Chamoli,
within one week from today. If petitioner
makes a representation within the
stipulated time, then the District
Education Officer shall take a decision
thereupon within four weeks thereafter.
(Manoj Kumar Tiwari, J)
16.02.2026
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
SINGH
2.5.4.20=eacc6757ee7881e933ff8934f07477005
aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE
3D26F5C22DACF4F4610C1FE58A58531726FBB
ASWAL
0, cn=NITI RAJ SINGH ASWAL
Date: 2026.02.16 03:46:29 -08’00’
2026:UHC:948
