2025:UHC:6476-DB HIGH COURT OF UTTARAKHAND AT NAINITAL 23 July, 2025 Writ Petition Service Bench No.391 of 2020 Mahesh Chandra Shah --Petitioner Versus State of Uttarakhand and Others --Respondents And Writ Petition Service Bench No.415 of 2020 Madhvi Pundir --Petitioner Versus State of Uttarakhand and Others --Respondents ------------------------------------------------------------------------- Presence:- Mr. B.D. Upadhyaya, learned Senior Counsel assisted by Mr. Sunil Upadhyaya, learned counsel and Dr. K.H. Gupta, learned counsel for the petitioners. Mr. Sudhir Kumar Nailwal, learned Standing Counsel and Mr. Dinesh Bankoti, learned Brief Holder for the State. Mr. Anil Kumar Bisht, learned counsel for respondent no.5 in WPSB No.415 of 2020. ------------------------------------------------------------------------- Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) JUDGMENT Since common questions of law and fact are involved in these writ petitions, therefore, they are heard together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No.391 of 2020, alone are being considered and discussed. 1 2025:UHC:6476-DB 2. Petitioner was appointed as Lecturer in a Government Inter College w.e.f. 04.09.2006, the post of Principal in the said college fell vacant on 30.06.2005 and charge of officiating principal was given to one Mr. Sawar Singh Rawat. Mr. Sawar Singh Rawat retired on 30.08.2011, thereafter, one Mr. Pawan Kumar was eligible for holding charge of officiating Principal by virtue of his seniority, however, Mr. Pawan Kumar expressed his unwillingness, therefore, charge as officiating Principal was given to petitioner on 31.08.2011. 3. In this writ petition, petitioner has sought the following reliefs:- “1. a writ, order or direction in the nature of certiorari to call for the record of case and quash the G.O. dated 28-10-2020 and consequential order dated 5-11-2020 passed by the respondent No. 1 and 2 contained in Annexure 18 and 19 respectively to the writ petition. 2. a writ, order or direction in the nature of mandamus directing the respondent No. 3 to grant his approval on the proposal submitted by the Authorised Controller of the institution regarding promotion of the petitioner on the post of Principal (Down Grade) in the institution in accordance with law. 3. any other writ, order or direction, which this Hon'ble court may deem fit and proper on the basis of the facts circumstances of the case. 4. award the cost of the petition in favour of the petitioner.” 4. Learned counsel for petitioner submits that condition of possessing minimum qualification for appointment on the post of Principal (Down Grade) on the date of occurrence of vacancy, was relaxed by a Government Order dated 05.01.2022. 2 2025:UHC:6476-DB 5. Learned State Counsel, however, relies upon a judgment rendered by this Court in WPSB No.371 of 2020 and submits that similar challenge to Government Order dated 28.10.2020 by a teacher was repelled in that case by referring to the provisions of the Act and regulations framed thereunder. 6. Learned counsel for petitioner, however, relies upon a judgment in WPSB No.389 of 2020 in which Government Order dated 05.01.2022 was considered and the writ petition was disposed of by directing the competent authority to examine claim of the writ petitioner for appointment as Principal (Down Grade). 7. Since petitioner has now relied upon Government Order dated 05.01.2022, therefore, the present writ petition is also decided in terms of judgment rendered in WPSB No.389 of 2020. 8. The petitioner shall be at liberty to make representation to Regional Additional Director concerned within ten days from today. The Regional Additional Director shall examine claim of the petitioner in the light of the relevant provision of Regulations framed under Uttarakhand School Education Act, 2006, as amended from time to time and also the Government Order dated 05.01.2022, within five months from the date of presentation of representation with certified copy of this order. 9. The writ petition is disposed of accordingly. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.07.2025 SS 3 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd1 29a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD 2B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.07.24 10:19:46 +05'30'