Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB/75/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
1. Mr. B.M. Pingal, learned counsel for the petitioner.
2. Mr. D.S. Bora, learned Standing Counsel for the State of Uttarakhand.
3. Petitioner is the senior most Lecturer, serving in Government aided college, namely, Jwalapur Inter College, Jwalapur, District Haridwar. He filed this writ petition in 2021, seeking the following relief:-
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 28.01.2021 (contained as annexure no. 1 to the writ petition) issued by respondent no. 5, along with its effect and operation or to mould the relief appropriately, keeping in view the
facts highlighted in the body of the writ petition.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner for promotion to the post of Downgraded Principal in the respondent institution.
4.
Learned counsel for the petitioner submits that no selection could be held pursuant to the impugned advertisement dated 28.01.2021, as petitioner was given charge as Officiating Principal, therefore, no selection was held for supplying the vacancy on the post of Principal by direct recruitment. He submits that petitioner is still continuing as Officiating Principal, however, his name for promotion as downgrade Principal has not been considered by the Competent Authority. He has referred to
the Regulation 18(4) of the Regulation framed under Uttarakhand School Education Act, 2006 as amended on
25.04.2018.
5. Learned State Counsel fairly submits that if petitioner makes a representation to the Competent Authority, then petitioner’s claim shall be considered objectively.
6. Accordingly, the writ petition is
disposed of by permitting petitioner to make representation to the Chief Education Officer, Haridwar. If petitioner makes representation within two weeks from today, the Chief Education Officer shall look into the matter and take decision, as per law, within four months from the date of production of certified copy of this order.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
07.05.2025
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=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.08 19:30:30 -07'00'