Alka Saxena & Ors vs State Of Uttarakhand And Others

Alok Kumar Verma, J

These five writ petitions have been filed under Article 226 of the Constitution of India with the following prayers:-

“(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant appointment to the petitioners on the post of Assistant Teacher, Government Primary School, like other Shiksha Mitra.

(II) Issue any other writ, order or direction, as this Hon’ble court may deem fit and proper under the facts and circumstances of the case.”

The case of the petitioners is that they were appointed as Shiksha Mitra. The petitioner Alka Saxena and the petitioner Dharmwati are presently posted as Shiksha Mitra in Government Primary School, Udham Singh Nagar. The petitioner Laxmi Devi and the petitioner Arun Kumar are working as Shiksha Mitra in Government Primary School in Tehri Garhwal and the petitioner Gauri Devi is currently posted as Shiksha Mitra in Government Primary School in Champawat. They possessed all eligibility conditions for regular appointment as Assistant Teacher, Government Primary School. They have obtained TET qualification and they also possess two years’ D.El.Ed qualification. They are serving against the substantive posts and have unblemished service record. They have relied upon a Government Order dated 16.08.2019, wherein it was provided that such Shiksha Mitra, who possess two years’ D.El.Ed qualification and have also possessed TET qualification may be given regular appointment. One Praveen Lal and Puran Ram have been appointed to the post of Assistant Teacher in compliance with the order dated 08.09.2025, passed by the Co-ordinate Bench of this Court in WPSS No. 1689 of 2023, “Praveen Lal and Another vs. State of Uttarakhand and Others”. Therefore, the petitioners are seeking parity.

Heard Mr. Sunder Dhauni, learned counsel for the petitioners and Mr. Rajeev Singh Bisht, learned Additional Chief Standing Counsel for the respondents.

Mr. Sunder Dhauni, Advocate, submitted that the petitioners made several representations to the authorities, but, the claim of the petitioners have not been considered till date.

Mr. Sunder Dhauni, Advocate, appearing for the petitioners, further submitted on instructions that the petitioners are requesting to decide the present writ petitions with a direction to the District Education Officer (Elementary) concerned to look into the grievance, raised by the petitioners.

Mr. Rajeev Bisht, Additional Chief Standing Counsel, on instructions, has not opposed the request of the petitioners.

The Writ Petitions are disposed of on the request of the parties by permitting the petitioners to make separate fresh representation with a certified copy of this order to the District Education Officer (Elementary) concerned within two weeks’ from today. If the petitioners make representation within two weeks’ from today, the District Education Officer (Elementary) concerned shall examine the matter and take decision, as per law, as expeditiously as possible but not later than eight weeks thereafter.