GOVERNMENT PRINCIPAL ASSOCIATION v. STATE OF UTTARAKHAND
WPSB/204/2017 · 2025-08-13
Manoj Kumar Tiwari, Subhash Upadhyay
body2025
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[ 2025 DAILYLAW 2198 (UTT) · dailylaw.ai ]
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[ 2025 DAILYLAW 2198 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7126-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Bench No. 204 of 2017 13 August, 2025
Government Principals Association Uttarakhand & another --Petitioners Versus
State of Uttarakhand & others --Respondents
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Presence:-
There is no representation for the petitioners.
Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the
State of Uttarakhand / respondents. ------------------------------------------------------------------- Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
(Per: Hon’ble Manoj Kumar Tiwari, J.)
JUDGMENT
Petitioner is an association of Principals of Government Intermediate Colleges. They are aggrieved by the Uttarakhand State Educational (Administrative Cadre) Service Rules, 2013, which provides that persons serving as Deputy Director, alone shall be eligible for promotion to the post of Joint Director of Education.
2.
It is the contention of the petitioners that Principal, Government Intermediate Colleges should also be made eligible for promotion as Joint Director.
3.
Learned State Counsel is right in submitting that the channels of promotion have to be decided by the employer, which in the present case, is the State 1
2025:UHC:7126-DB Government.
4.
Since the State Government in its Rule making power under proviso to Article 309 of the Constitution has framed Service Rules, therefore, channel of promotion cannot be given to petitioners merely on their asking, as the State Government has to examine various other aspects, before amending the Rules.
5.
Be that as it may, since petitioners have sought a writ of mandamus, therefore, we think that ends of justice would be met, if petitioner association is permitted to make representation to the State Government.
6.
The writ petition is, accordingly, disposed of with liberty to petitioner association to make representation to the State Government. If petitioner makes such representation, within three weeks from today, the competent authority in the State Government shall consider the same, as per law.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
13.08.2025 Navin
2 NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.14 10:33:02 +05'30'