High Court · 2025

Mr. Arvind Vashist ha, Senior Advocat e, assist ed by Mr. Vivek Pat hak, Mr. H.S. Mahra, Mr. Akshit Gururani & t he Ms. Swat i Verm a, Advocat es pet it ioner.

2. Mr. Ganesh Dut t Kandpal, Deput y Advocat e General t he St at e of Ut t arakhand.

3. Mr. Yashpal Singh, Advocat e, holding brief of Mr. Neeraj Garg, Advocat e for t he UPNL. involved

4. Since com m on quest ions of fact and law are t hese pet it ions, t herefore, t hey are clubbed t oget her and are being heard & decided by a com m on j udgm ent . However, t he sake of brevit y, fact s of Writ Pet it ion ( S/ S) No. 1106 of 2022 alone are being considered and discussed. Engineering

5. Pet it ioners possessed diplom a Civil recognised inst it ut ions. They were appoint ed as Technical Superint endent , re- designat ed Level Proj ect Engineer under Sarva Shiksha Abhiyan, is now re- nam ed as Sam agra Shiksha Abhiyan. The said schem e is int roduced by t he Cent ral Governm ent as Block for universalizat ion of educat ion. t o schem e look aft er look aft er t he m andat e

6. According t o t he pet it ioners, under Junior Engineer/ t he Technical Assist ant has t o be appoint ed in each block t he t o const ruct ion act ivit ies in schools and as t he Cent ral Governm ent , pet it ioners were appoint ed t he in different blocks const ruct ion work, however, t he St at e Governm ent has unilat erally changed t he condit ion of Sam agra Shiksha Abhiyan and in place of one Technical Assist ant in each developm ent block, St at e has provided t hat t here shall be only one Technical Assist ant at t he dist rict level. This pet it ioners, t o am ount s t o undue int erference by t he St at e t he Cent ral Governm ent , especially when t he funds are provided by t he Cent ral Governm ent , for m anning t he posit ion of Technical Assist ant . I t is furt her cont ended t hat having regard t o t he huge workload, one Technical Assist ant cannot look aft er t he const ruct ion work undergoing in a dist rict . Various ot her issues are raised by t he pet it ioners in t hese writ pet it ions. t he schem e of according t he

7. Learned St at e Counsel subm it s t hat under t he schem e, St at e is em powered t o m ake necessary changes t o suit t he t he local needs. He im pugned Governm ent Order dat ed 28.10.2020 is as per t he aut horit y given by t he Cent ral Governm ent and it cannot be t erm ed as undue int erference wit h t he schem e of Cent ral Governm ent . subm it s t hat

8. The issues raised by t he pet it ioners in t hese writ pet it ions cannot be gone int o by t his Court while exercising power of j udicial review. How m any Technical Assist ant s would be needed t o look aft er t he work Governm ent schools det erm ined by t he Cent ral and t he St at e Governm ent , having regard t o t he work load involved. const ruct ion t o

9. Wit hout expressing any opinion on t he m erit s of t he rival cont ent ions raised by learned counsel for t he part ies, t his Court t hinks t hat ends of j ust ice would be m et if pet it ioners are perm it t ed t o approach t he com pet ent aut horit y, by m aking represent at ion( s) . t wo t o pet it ioners

10. The writ pet it ions are disposed of wit h t o m ake libert y represent at ion( s) t he St at e Proj ect t o Direct or, Sam agra Shiksha Abhiyan wit hin t oday. Represent at ion( s) , if m ade wit hin st ipulat ed t im e, shall be dealt wit h by passing a reasoned order, as per law, wit hin six m ont hs t hereaft er. For a period of seven m ont hs or t ill decision is t aken on t he represent at ion, whichever is lat er, pet it ioners shall be perm it t ed t o serve as Technical Assist ant , as before. ( M a n o j K u m a r Ti w a r i , J.)

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