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2025 DAILYLAW 11873 (UTT)

COMMITTEE OF MANAGEMENT v. STATE OF UTTARAKHAND

WPMS/2803/2025 · 2025-09-26

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8764 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2803/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Anil Anthwal, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. This writ petition has been filed by Committee of Management of a Government aided Junior High School, seeking the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.05 to constitute a panel of experts for recruitment/interview process for vacant posts of Assistant Teachers (Language) and Junior Assistant in Indira Purva Madhyamik Vidyalaya, Laini, Bhilang, District Tehri Garhwal. (ii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 05 to give permission for advertisement of vacant posts of Assistant Teachers (Language) and Junior Assistant in Indira Purva Madhyamik Vidyalaya, Lini, Bhilang, District Tehri Garhwal. 4. According to petitioner, there are four sanctioned post of Assistant Teacher in the said school, out of which one post of Language Teacher is lying vacant since last two years; and the post of Assistant Teacher (Science/Math) is likely to fall vacant on 31.03.2026, as the incumbent on the said post has completed age of superannuation, however, he is continuing on extension till end of Academic Session. 2025:UHC:8764 5. According to petitioner, request was made to District Education Officer (Elementary), Tehri Garhwal on 04.09.2025 for permission to advertise the vacancy, but no decision has been taken on the said application. 6. Learned State Counsel submits that many Government aided schools are having very few students, therefore, the strength of Teachers has to be rationalised as per the requirement. 7. Learned counsel for the petitioner, on instructions from Manager of the concerned Institution, makes a statement that there are 45 students presently studying in the school and minimum four teachers are required for imparting instructions and there are four sanctioned teaching posts in the concerned school. 8. Having regard to the fact that petitioner has made an application for permission to advertise the vacancies, therefore, the writ petition is disposed of with a direction to concerned District Education Officer to consider petitioner’s request for permission and take appropriate decision, as per law, within four weeks. (Manoj Kumar Tiwari, J) 26.09.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9 802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F 5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.26 06:38:39 -07'00' 2025:UHC:8764