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2025 DAILYLAW 11009 (UTT)

COMMITTEE OF MANAGEMENT v. STATE OF UTTARAKHAND

WPMS/2631/2025 · 2025-09-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8236 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2631/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. B.M. Pingal, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand / respondents. 3. Committee of Management of Mahatma Gandhi Inter College, Haldwani has filed this writ petition, seeking the following reliefs :- “i. Issue a writ, order in the nature of certiorari quashing the office letter dated 19.08.2025 issued by the respondent no.4 (contained as Annexure no.3 to this writ petition). ii. Issue a writ, order in the nature of mandamus commanding and directing the respondent no.4 to grant permission based on the requisition/ proposal forwarded to respondent no.4, for initiating direct recruitment process for 06 Posts i.e. Lecturer (English)-01 post, b. Assistant Teacher (L.T. Grade)- Hindi -01 post, Assistant Teacher (L.T. Grade) Maths -01 post, Assistant Teacher (L.T. Grade) Science-01 post, Assistant Teacher (L.T. Grade) Commerce-01 post, Assistant Teacher (L.T. Grade) General-01 post respectively total six posts as requested by petitioner institution and thereafter the competent authority be directed to conclude the recruitment process as per the provisions of Uttarakhand School Education Act 2006 and Regulations framed therein expeditiously.” 4. According to petitioner, there are as many as six vacancies on different teaching positions in the concerned institution, however, the authorities of Education Department are not permitting the Management to hold selection for appointing teachers, which is adversely affecting the academic atmosphere in the 2025:UHC:8236 institution. 5. Petitioner has challenged the communication dated 19.08.2025, issued by the Chief Education Officer, Nainital, whereby permission to advertise the available vacancies was denied on the ground that process of re-determination of vacancies and re-survey on financial aspect, is to be undertaken. 6. Learned counsel for petitioner relies upon a judgment, rendered by this Court in WPMS No. 2839 of 2023 and other connected petitions and submits that since all the issues have been dealt with by this Court in the said judgment rendered on 03.09.2025, therefore, the present writ petition is also deserves to be decided in terms of the said judgment and the impugned communication, issued by Chief Education Officer, Nainital deserves to be set aside. 7. Mr. N.K. Papnoi, learned State Counsel concedes that the issue involved in this writ petition is covered by the judgment rendered in WPMS No. 2839 of 2023 and other connected petitions. 8. Accordingly, the writ petition is disposed of in terms of the judgment dated 03.09.2025 rendered in WPMS No. 2839 of 2025. The communication issued by Chief Education Officer on 19.08.2025 is accordingly set aside. (Manoj Kumar Tiwari, J.) 16.09.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.17 17:24:10 +05'30'