TMI Blog2008 (3) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. These appeals are directed against the judgment and order dated 16.12.2005 passed by the Division Bench of the High Court of Uttaranchal at Nainital in Special Appeal No.18 of 2004. 3. Special Leave Petition (Civil) Nos.1466 and 2743 of 2006 have been filed by the selected candidates. The High Court by the impugned order set aside the entire selection and appointments of Assistant Teachers (Physical Education) in Garhwal Mandal. According to the High Court, the selection and appointments were made in violation of the Rules. By an interim order dated 27.1.2006 this Court stayed the operation of the order of the High Court and, therefore, they are still holding the posts, for which they have been selected. 4. An advertisement was iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and selection with regard to requisite educational qualifications were contrary to the Rules. 8. In Madan Lal vs. State of J K, (1995) 3 SCC 486, this Court pointed out that when the petitioners appeared at the oral interview conducted by the Members concerned of the Commission who interviewed the petitioners as well as the contesting respondents concerned, the petitioners took a chance to get themselves selected at the said oral interview. Therefore, only because they did not find themselves to have emerged successful as a result of their combined performance both at written test and oral interview, they have filed writ petitions. This Court further pointed out that if a candidate takes a calculated chance and appears at the intervi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s already framed, if rules are silent on any particular point? 12. The 1983 Rules prescribe the requisite educational qualifications for the post of Assistant Teacher-physical education as under:- Graduation degree in Physical Education or Diploma in the Physical Education from any recognised Institution. The aforesaid Rule has been clarified by the Government of India, Ministry of Education, on 26.11.1965 to the effect that B.P.E degree holders should be treated at par with those who hold B.A./B.Sc., B.Com degree plus a diploma in physical education and should not be required to possess an additional B.A.,B.Sc/B.Com. degree for purposes of employment as Directors of physical education or on other similar posts. The aforesaid pos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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