High Court · 2025

3 . Mr. K.N. Joshi, Deput y A.G. wit h Mr. Pooran Singh Bisht , St anding Counsel for t he St at e. 4 . This writ pet it ion was in 2020 seeking t he following reliefs: - “ ( i) A writ , order or direct ion in t he nat ure of cert iorari calling for records and quash t he Order dat ed 28.10.2020; 5.11.2020 and

9.11.2020 passed by respondent s in violat ion of Sect ion 36 of t he Ut t arakhand School Educat ion Act , 2006 ( Annexure No.1) . ( ii) A writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o approve t he prom ot ion of t he pet it ioner on t he post of Downgrade Principal fr om

02.03.2015 Jant a I nt er College, Dhandhankhet , Pauri Garhwal by approving t he Managem ent Com m it t ee proposals dat ed

02.03.2015 ( Annexure No.5) and 19.05.2018 ( Annexure No.9) com pliance Ut t arakhand School Educat ion Regulat ions, 2009 ( as am ended t im e t o t im e) . ( iii) A writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent s not t o rem ove t he pet it ioner from t he post of in- charge Principal Jant a I nt er College, Dhandhankhet , Pauri Garhwal.” 5 . As per averm ent s m ade t he w rit pet it ion, pet it ioner is senior- m ost Lect urer in a Governm ent aided I nst it ut ion; t he post of Principal in said I nst it ut ion fell vacant on

31.07.2009 and one Mr. Sat ish Chandra Bodai was given charge as Officiat ing Principal, who served in t he said capacit y bet ween 01.08.2009 t o 31.03.2012 and, t hereaft er pet it ioner was handed over t he charge as Officiat ing Principal w.e.f. 01.04.2012. Pet it ioner st aked claim for his appoint m ent as Downgrade Principal which, however, was rej ect ed by t he Chief Educat ion Officer, Pauri Garhwal, v ide order dat ed

06.06.2016. 6 . The reason assigned rej ect ing pet it ioner ’s claim for Downgrade Principal was: ( i) He was prom ot ed as Lect urer only on

23.07.2005, t herefore, he has not com plet ed m inim um t en years service as Lect urer on t he post of Principal ( ii) He was not grant ed select ion grade of pay, which is a condit ion precedent for appoint m ent as Downgrade Principal. 7 . I n t his writ pet it ion, pet it ioner has challenged t he Governm ent Order dat ed

28.10.2020, which provides t hat in t he event no eligible t eacher is available in a school, on t he dat e of occurrence of vacancy on t he post of Principal, t hen such vacancy has t o be filled by direct recruit m ent . 8 . We find no reason t o int erfere wit h t he Governm ent Order dat ed 28.10.2020. Since pet it ioner having requisit e qualificat ions for appoint m ent as Downgrade Principal in t erm s of t he Regulat ions fram ed under t he Ut t arakhand School Educat ion Act , 2006, t herefore, we do not find any scope for int erference in t he m at t er. 9 . Validit y of Governm ent Order dat ed

28.10.2020 was considered by us in Writ Pet it ion ( S/ B) No.371 of 2020, in which it was held as under: - “ 4. Chapt er 2 of t he Regulat ions fram ed under Ut t arakhand School Educat ion Act , 2006 deals wit h appoint m ent of Head of inst it ut ions and also t eachers. Regulat ion 2 of Chapt er 2 reit erat es t hat vacancy on t he post of Head Mast er/ Principal has t o be filled by direct recruit m ent , except cases which are covered by Sect ion 37( 1) or Sect ion 38( 1) of Ut t arakhand School Educat ion Act . Sect ion 37( 1) and Sect ion 38( 1) of t he Act provides t hat select ion for appoint m ent as Head of inst it ut ion shall be m ade by a Select ion Com m it t ee. Thus, from t he schem e of t he Act and t he regulat ions fram ed t hereunder, it is clear t hat post of Head of inst it ut ion has t o be ordinarily appoint ed by direct recruit m ent and a vacancy on t he post can be filled by prom ot ion if a t eacher, who fulfills all condit ions of eligibilit y for prom ot ion as Head inst it ut ion as pr escribed in proviso t o Regulat ion 2 is available in t he inst it ut ion.

5. I n view of t he st at ut ory schem e as discussed above, we do not find any infirm it y or illegalit y, what soever in t he com m unicat ion issued by Secret ary, Secondary Educat ion on

28.10.2020. Para 4 of t he said Governm ent Order is in consonance wit h t he st at ut ory schem e, t herefore we do not find any reason t o int erfere wit h t he sam e.” 1 0 . I n view of t he above, writ pet it ion fails and is dism issed accordingly. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.06.2025 23.06.2025 Rajni RAJINI GUSAI N DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876 db48448ac3701a9ae475a2547e4 b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2 222B4DF4FC80D4557562F95BEB A013F530616A158A0A878BD8, cn=RAJINI GUSAIN