High Court · 2025

Counsel for t he Pet it ioner : Mr. D.S. Pat ni, Senior Advocat e, assist ed by Mr. Dharm endra Bart hwal, Advocat e. Counsel for t he Respondent : Mr. Suyash Pant , Nos. 1 t o 5 St anding Counsel. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present writ pet it ion has been filed under Art icle 226 of t he Const it ut ion of I ndia wit h t he following prayers : - recruit m ent I ssue a writ , order t he nat ure of “ ( I ) t he m andam us com m anding and direct ing respondent no. 5 t o fort hwit h grant perm ission for issuance of advert isem ent for init iat ion of process pet it ioner's let t er dat ed 02- 06- 2022 ( received in t he office of Chief Educat ion Officer, Udham Singh Nagar on 04- 07- 2022) ( cont ained as Annexure no.6 t o t his writ pet it ion) . ( I I ) I ssue any ot her writ order or direct ion, which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case; and sought ( I I I ) To award t he cost of t he writ pet it ion in 1 favour of t he pet it ioner.” 2 . Heard Mr. D.S. Pat ni, learned Senior Advocat e assist ed by Mr. Dharm endra Bart hwal, learned counsel for t he pet it ioner and Mr. Suyash Pant , learned St anding Counsel for t he respondent s. 3 . Mr. D.S. Pat ni, learned Senior Advocat e, has cont ended t hat t he pet it ioner is Com m it t ee Managem ent A.N. Jha I nt er College duly recognized and under grant in Aid, sit uat ed at Jaspur, Dist rict Udham Singh Nagar. The post s for t he pet it ioner ’s School were creat ed vide Governm ent Order dat ed 12.10.1991. The procedure of appoint m ent of Teachers, Head of I nst it ut ion and ot her em ployees in Aided I nst it ut ion is governed by Sect ion 36 of t he Ut t arakhand School Educat ion Act , 2006 and Chapt er I I of Regulat ions, 2009, fram ed under t he Act , 2006. The post of Assist ant Teacher L.T. ( Hindi) , which is reserved for t he candidat e of t he Scheduled Cast e, is vacant since 01.05.2022. The pet it ioner request ed t he Chief Educat ion Officer, Udham Singh Nagar for grant of perm ission t o publish an advert isem ent for filling up t he vacant post of t he Assist ant Teacher L.T. ( Hindi) t hrough it s let t er dat ed 02.06.2022. 4 . Mr. D.S. Pat ni, learned Senior Advocat e has furt her cont ended t hat t he learned Advocat e General in Writ Pet it ion ( M/ S) No. 3405 of 2023, had subm it t ed t hat t he I n- charge Secret ary has given t he st at em ent t hat necessary direct ions have been issued t o t he Direct or General, School Educat ion, who also issued t he necessary inst ruct ions t o all t he concerned Chief Educat ion Officer t o proceed wit h t he recruit m ent process. But t he said let t er / represent at ion dat ed 02.06.2022 is st ill pending before t he Chief Educat ion Officer, Udham Singh Nagar, t he respondent no.5. 2 5 . Mr. Suyash Pant , Advocat e, has subm it t ed t hat t he represent at ion should be given t o t he Direct or General, School Educat ion, Ut t arakhand Dehradun, t he respondent no.2, and, in case, t he pet it ioner m oves a represent at ion before t he Direct or General, School Educat ion, Ut t arakhand Dehradun, t he represent at ion shall be decided w it hin t wo weeks. 6 . Mr. D.S. Pat ni, Advocat e, has sought one week’s t im e t o m ove a fresh represent at ion t o t he Direct or General, School Educat ion, Ut t arakhand Dehradun, t he respondent no.2. 7 . Wit h t he consent of bot h t he part ies, t he present writ pet it ion is disposed of wit h a direct ion t hat in case, t he pet it ioner m oves a represent at ion along wit h a cert ified copy of t his order t o t he Direct or General, School Educat ion, Ut t arakhand Dehradun, t he respondent no.2, wit hin one week from t oday for recruit m ent t o t he post of Assist ant Teacher L.T. ( Hindi) , t he respondent no.2 shall consider and decide t he said represent at ion as per law wit hin t wo weeks t hereaft er. 8 . I t is m ade clear t hat t his Court has not expressed any opinion on t he m erit of t he case. Dt : 10.02.2025 Shiv / _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 3