2025:UHC:7622 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/263/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Sanjay Bhatt, learned counsel appearing for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. This writ petition has been filed by Management of Acharya Narendra Dev Vidhyalaya, Khatima, District Udham Singh Nagar, seeking the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari to call for the record of case and quash the impugned order dated 09.12.2020 passed by Respondent No. 3 (Annexure No. 5 to the Writ Petition) (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the Petitioner to conclude the selection process for the post of Junior Clerk pursuant to advertisement dated 28.10.2020 by appointing a departmental member as requested vide letter dated 23.11.2020. 4. Petitioner is aggrieved by letter dated 09.12.2020 issued by District Education Officer (Elementary), Udham Singh Nagar, whereby petitioner was asked to suspend ongoing selection for the post of Junior Clerk, for which interview was scheduled to be held on 13.12.2020. In the said letter, it is alleged that complaint was received that there is possibility of irregularity in the interview scheduled for 13.12.2020, which is the reason for issuing direction to Management to keep the selection on 2025:UHC:7622 hold. 5. Learned counsel for petitioner submits that interview was not even held on 09.12.2020, as it was scheduled for 13.12.2020, therefore, there was no occasion for District Education Officer to issue the direction as has been issued by the impugned communication. He further submits that vacancy available on the post of Junior Clerk was advertised in two newspapers after seeking permission from District Education Officer. The letter, whereby permission for advertising the post was given, is on record as Annexure 2 to the writ petition. The advertisement is enclosed as Annexure 3 to the writ petition. 6. Learned counsel for petitioner submits that due to impugned communication dated 09.12.2020, vacancy on the post of Junior Clerk has not been filled so far, which is adversely affecting the functioning of the Institution. 7. Learned State Counsel concedes that the impugned communication is based on apprehension, as the selection was not even held on the date when the impugned communication was issued. 8. Since the process of selection for the post of Junior Clerk was initiated by the petitioner, strictly as per law after advertising vacancy into two widely circulated newspapers, therefore, the interference made by District Education Officer with the ongoing selection was uncalled for. Due to interference made by District Education Officer, the post of Junior Clerk is lying vacant for the last five years; thus, adversely affecting the 2025:UHC:7622 functioning in the educational institution. 9. In such view of the matter, the writ petition is allowed. The impugned communication dated 09.12.2020 is set aside. Petitioner shall be at liberty to make application for permission for advertising vacancy of Junior Clerk. District Education Officer shall consider the request made by petitioner institution for permission for advertising the vacancy, within ten days of petitioner making request therefor. The vacancy shall thereafter be advertised in two widely circulated newspapers in the locality and selection shall thereafter be held as per provisions of Uttarakhand School Education Act, 2006 and the Regulations framed therein. (Manoj Kumar Tiwari, J) 27.08.2025 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=eacc6757ee7881e933ff8934f07477 005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C 2CE3D26F5C22DACF4F4610C1FE58A58531 726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.27 05:15:21 -07'00' 2025:UHC:7622