2025:UHC:3296-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/148/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Dushyant Manaili, learned counsel for the petitioner. 2. Mr. Sushil Vashistha, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Lecturer in Government Aided Institution, namely, Arya Kanya Inter College, Doiwala, Dehradun. By means of this writ petition, she has sought the following reliefs:- (i) Issue a writ of certiorari to quash the impugned order dated 6.3.2021 passed by Chief Education Officer, Dehradun/respondent no. 3 (contained as Annexure No. 1 to this writ petition. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to allow the petitioner to work and pay the salary attached to the post of Principal/Head Mistress of the Institution. 4. According to petitioner, upon retirement of regular incumbent on the post of Principal, she was given officiating charge as Principal w.e.f. 01.07.2017; however, she is not being paid the monetary benefits therefor. 5. According to learned counsel for the petitioner, as per the applicable Regulations, framed under Uttarakhand 2025:UHC:3296-DB Education Act, 2006, petitioner is entitled for the monetary benefits, which are applicable as downgrade Principal. 6. Mr. Sushil Vashisth, learned State Counsel submits that concerned Institution, namely, Arya Kanya Inter College, Doiwala, Dehradun is receiving aid from the State Government only upto High School level and the Intermediate Section is not getting any aid; he thus submits that post of “Principal” is not sanctioned in the said college. By referring to para 11 of the counter affidavit, he submits that petitioner is not the senior most teacher and one Mrs. Asha Pandey, who was the senior most Lecturer, was given officiating charge of Principal upon retirement of previous incumbent on 31.03.2012. 7. Heard learned counsel for the parties and perused the record. 8. In this writ petition, petitioner has challenged a Circular dated 06.03.2021 issued by Chief Education Officer, Dehradun. In para 2 of the said Circular, it is mentioned that in such educational institution, where there are no eligible Teacher for promotion as Principal, the process of direct recruitment may be initiated. The said Circular do not cause any prejudice to the petitioner, as she claims that she is eligible for promotion, thus, the right to be considered for promotion available to the petitioner is not affected by the impugned Circular. Thus, there is no scope for interference with the impugned Circular dated 06.03.2021. 9. As regards petitioner’s claim for monetary benefits for discharging duties 2025:UHC:3296-DB of officiating Principal, we dispose of the writ petition with liberty to petitioner to make representation to the Competent Authority. If petitioner makes representation within two weeks from today, the Competent Authority shall take decision thereupon, within four months thereafter. 10. It goes without saying that the Management of the Institution concerned shall also be heard while passing any order on petitioner’s representation. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 30.04.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369 512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1 FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.30 16:35:43 -07'00' 2025:UHC:3296-DB