High Court · 2025

1. Mr. Sanj ay Bhat t , learned counsel appearing for t he pet it ioner.

2. Mr. Ganesh Kandpal, learned Deput y Advocat e General t he St at e of Ut t arakhand. This writ pet it ion has been filed by 3. Managem ent of Acharya Narendra Dev Vidhyalaya, Khat im a, Dist rict Udham Singh Nagar, seeking following reliefs: - t he ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorar i t o call for t he record of case and quash t he im pugned order dat ed 09.12.2020 passed by Respondent No. 3 ( Annexure No. 5 t o t he Writ Pet it ion) ( ii) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o perm it t he Pet it ioner t o conclude t he select ion pr ocess t o t he post of Junior Cler k pursuant advert isem ent dat ed 28.10.2020 by appoint ing a depart m ent al m em ber as request ed vide let t er dat ed 23.11.2020. is aggrieved by let t er 4. Pet it ioner dat ed 09.12.2020 issued by Dist rict Educat ion Officer ( Elem ent ary) , Udham Singh Nagar, whereby pet it ioner was asked t o suspend ongoing select ion for for which t he post of Junior Clerk, int erview was scheduled t o be held on 13.12.2020. alleged t hat com plaint was received t hat t here is possibilit y of irregularit y in t he for 13.12.2020, int erview scheduled which is t he reason for issuing direct ion t o Managem ent t o keep t he select ion on t he said let t er, I n hold. counsel Learned t herefore, pet it ioner 5. subm it s t hat int erview was not even held on 09.12.2020, as it was scheduled for 13.12.2020, t here was no occasion for Dist rict Educat ion Officer t o issue t he direct ion as has been issued by t he im pugned com m unicat ion. He furt her subm it s t hat vacancy available on t he post of Junior Clerk was advert ised in t wo newspapers aft er seeking perm ission The from Dist rict Educat ion Officer. let t er, whereby perm ission for advert ising t he post was given, is on record as t he writ pet it ion. The Annexure 2 advert isem ent is enclosed as Annexure 3 t o t he writ pet it ion. t o t o Learned counsel dat ed pet it ioner 6. subm it s t hat im pugned 09.12.2020, com m unicat ion vacancy on t he post of Junior Clerk has not been filled so far, which is adversely t he affect ing I nst it ut ion. funct ioning t he im pugned com m unicat ion Learned St at e Counsel concedes 7. t hat t he based on apprehension, as t he select ion was not even held on t he dat e when t he im pugned com m unicat ion was issued. int o

8. Since t he process of select ion for t he post of Junior Clerk was init iat ed by t he pet it ioner, st rict ly as per law aft er t wo widely advert ising vacancy circulat ed newspapers, t he int erference m ade by Dist rict Educat ion Officer wit h t he ongoing select ion was uncalled for. Due t o int erference m ade by t he post of Dist rict Educat ion Officer, Junior Clerk is lying vacant for t he last five years; t hus, adversely affect ing t he t herefore, funct ioning in t he educat ional inst it ut ion. for perm ission request m ade is allowed. The I n such view of t he m at t er, t he writ 9. im pugned pet it ion com m unicat ion dat ed 09.12.2020 is set aside. Pet it ioner shall be at libert y t o m ake applicat ion advert ising vacancy of Junior Clerk. Dist rict Educat ion Officer shall consider pet it ioner t he inst it ut ion for perm ission for advert ising t he vacancy, wit hin t en days of pet it ioner m aking request t herefor. The vacancy t wo t hereaft er be advert ised widely circulat ed newspapers t he localit y and select ion shall t hereaft er be held as per provisions of Ut t arakhand School Educat ion Act , 2006 and t he Regulat ions fram ed t herein. ( M a n o j K u m a r Ti w a r i , J)

27.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477 005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C 2CE3D26F5C22DACF4F4610C1FE58A58531 726FBB0, cn=NITI RAJ SINGH ASWAL