UTTARAKHAND POLYTECHNIC TEACHERS ASSOCIATION AND ANR v. STATE OF UTTARAKHAND
WPSB/40/2025 · 2025-02-25
Ashish Naithani, G Narendar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2970 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2970 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1327-DB SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
25.02.2025
WPSB No. 40 of 2025 Hon’ble G. Narendar, C.J. Hon’ble Ashish Naithani, J.
1. Heard Sri G.C. Kandpal, learned counsel for the petitioners, Sri P.C. Bisht, learned Additional Chief Standing Counsel on behalf of the State of Uttarakhand/ respondent nos. 1 & 2, and Sri Pankaj Miglani, learned counsel on behalf of respondent no. 3. 2. After arguing for some time, the learned counsel for the petitioners would submit that the Government may be directed to treat the instant Writ Petition as a representation, and consider and dispose off the same, as expeditiously as possible. The petitioners, being an Association of Teachers in Polytechnic Colleges, sought for the following reliefs :-
“1. To issue a writ, order or direction in the nature of certiorari to call for record and quash the impugned advertisement dated 31.12.2024 issued by the respondent no. 3 in violation of the mandate of Article 14 & 16 of the Constitution of India. 2. To issue a writ, order or direction in the nature of mandamus directing and commanding the Respondents to issue a fresh advertisement for direct recruitment showing eligible to all the incumbents who is having 20 years experience in the department either from engineering branch or from basic science branch or from pharmacy, textile, modern office management branch etc. 3. To issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.”
4. It is apparent that the reliefs sought for, is something that can be granted by the Government only. It is not open for this Court to stipulate the criteria or eligibility for appointment. The State, being the expert, the same remains within the domain of the
2025:UHC:1327-DB State. Petitioners are not demonstrating any error in the eligibility or qualifications stipulated in the advertisement, or the criteria stipulated. 5. In that view of the matter, the Writ Petition is disposed off, with a direction to respondent nos. 1 & 2 to consider the instant Writ Petition as a representation, and dispose off the same, as expeditiously as possible, at any rate, within an outer limit of 12 weeks, after affording an opportunity of hearing.
It is made clear that the petitioners shall appear and represent before the Authority, that may be nominated by the respondents, and decide their case. No adjournments shall be entertained by the nominated authority. 6. The Writ Petition stands disposed off in the above terms. As a sequel thereto, the miscellaneous applications, if any pending, shall stand closed. (Ashish Naithani, J.) (G. Narendar, C.J.) 25.02.2025 25.02.2025 Rahul