2025:UHC:755 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (SS) No. 1977 of 2024 Anchal Saini ...Petitioner Vs. State of Uttarakhand and Others ...Respondents Presence: 1. Mr. Nikhil Singhal, learned counsel for the petitioner. 2. Mr. Pradeep Hairiya, learned Standing Counsel for the State. 3. Mr. Navneek Kaushik, learned counsel for the respondent. 4. Mr. Pankaj Chaturvedi, learned counsel for the applicant in the impleadment application. Hon’ble Rakesh Thapliyal, J. (Oral) Pursuant to the previous order, this Court stayed the public notice issued on 01.10.2024 published in the daily newspaper on 02.10.2024, whereby the selection process initiated pursuant to the advertisement dated 13.09.2024 on the basis that on the date when the impugned advertisement was issued the Management was dissolved and authorized controller was appointed, therefore, the Management have no power to issue any such advertisement. 2. By staying the public notice this court also directed that the official respondents may proceed with the selection process pursuant to the earlier advertisement and for that purposes the Chief Education Officer, Haridwar, may be deputed for concluding the entire advertisement process. 3. Admittedly, the institution is well within the purview of the grant-in-aid and, as on today, there is an authorized 2025:UHC:755 2 controller, who is the Block Education Officer, Bhagwanpur of District Haridwar and is being represented by the learned counsel Mr. Navneet Kaushik, who informed to this court that there was some mistake while issuing the earlier advertisement since no proper roaster of reservation was supplied by the then Committee of Management and secondly he submits that though the last date of issuance of application form was 04.10.2024 but the then Committee of Management only permit to issue the application form till 30.09.2024, which was prior to the last date. 4. In such an eventuality, when there was no proper roaster of reservation it is very difficult to proceed with the selection process pursuant to the earlier advertisement, therefore, the respondents may be permitted to proceed afresh by issuing fresh advertisement so that proper roaster of reservation be also applied. 5. Learned counsel Mr. Navneet Kaushik further informed to this court that the authorized controller also wrote a letter to the Director (Secondary Education) on 09.12.2024 to correct the roaster and send the same so that they may proceed with the selection process. 6. Learned counsel Mr. Pankaj Chaturvedi, who appears for the then Committee of Management, submits that the then Committee of Management was dissolved without giving any prior information and the issue is pending for consideration before this court in a separate petition. 2025:UHC:755 3 7. So far as the instant petition is concerned the same is only confined to the selection process and the dispute with regard to the then Committee of Management have no nexus with the issue involved in this petition. 8. In such an eventuality, and further keeping in view of the betterment of the students, who are studying in this institution the respondents are directed to proceed afresh by issuing fresh advertisement. The Director of Education is also directed to sent the requisite information with regard to the roaster of reservation to the authorized controller preferably within a period of two weeks from today. 9. It is also made clear that the respondent no. 5 is directed to publish the advertisement in daily newspapers having wide circulation in the entire State i.e. Amar Ujala, Dainik Jagran and Hindustan Times. It is also made clear that in the entire selection process the member of the earlier Committee of Management will not make any attempt to interfere and if they cause any hindrance the Block Education Officer shall immediately report to the concerned SSP and to the District Magistrate. The entire selection process will be carried out under the strict supervision of the Director within a period of three months and the Authorized Controller shall apprise to this court by way of an affidavit about this compliance. 10. Apart from this, the general directions are being issued to the State Government to issue necessary instructions to all the institutions, which are within the purview of grant-in-aid and run by the Committee of Management to proceed with the 2025:UHC:755 4 selection by issuing the advertisement in the daily newspaper having wide circulation i.e. Amar Ujala, Dainik Jagran and Hindustan Times, failing which, the necessary action will be taken against the management of the institution. 11. Subject to the observation and direction as above the writ petition is disposed of finally. 12. Copy of this order be handed over to the learned Standing Counsel Mr. Pradeep Hairiya for necessary compliance. . (Rakesh Thapliyal, J.) 11.02.2025 PR