Kamini Gupta vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

1) Heard learned counsel for the parties on delay condonation application.

2) Delay Condonation Application has been filed by the appellant for condoning the delay of seven days in preferring the Special Appeal. Said application is supported by the affidavit filed by the appellant Smt. Kamini Gupta. The cause shown for delay is found sufficient. Therefore, we are inclined to condone the delay. The delay of seven days is hereby condoned. Delay Condonation Application (I.A. No. 02 of 2022) is, accordingly, allowed.

3) Also, heard the learned counsel for the parties on Special Appeal.

4) In this intra-court appeal, the respondent No. 4 has assailed the final judgment passed by learned Single Judge, in Writ Petition No. 426 (S/S) of 2022, whereby the orders of the Appellate Authority, i.e., the Additional Director, Intermediate Education, Garhwal Division, Pauri Garhwal, was set aside, and the mater was remanded back to the learned Appellate Authority.

5) The learned Senior Counsel appearing for the appellant would argue that the only issue to be decided in this appeal, after remand, is whether the Notification dated 23.08.2010, issued by the National Council for Teachers Education is applicable to the State of Uttarakhand, and while remanding the case, the learned Single Judge has made an observation that the judgment of the Appellate Authority is erroneous as the Notification dated 23.08.2010 is applicable to the State of Uttarakhand?

6) However, it is brought to our notice that though the Notification was brought on 23.08.2010, as per the provisions contained therein, the Notification was to be made applicable by the State Government by formulating the Rules guiding the field, and the Rules were framed in the year 2011. In the interregnum, the respondent No. 4 (appellant before us) was selected and appointed as a teacher.

7) Hence, we clarify that upon remand, the learned Appellate Authority shall decide the issue whether in the fact situation, a pre-requisite qualification of passing T.E.T. as per Notification dated 23.08.2010, shall be applicable to the case of the petitioner or not, as the Rules were framed in the year 2011?

8) With such observation, the Special Appeal stands disposed of.

9) Stay Application (IA No. 01 of 2022) also stands disposed of.