2025:UHC:4495-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No.191 of 2025 4th June, 2025 Ashish Dev Pandey -- Petitioner Versus Director School Education and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Sandeep Kothari, learned counsel for the petitioner. Mr. P.C. Bisht, learned Addl. C.S.C. with Ms. Rajni Supyal Latwal, learned Brief Holder for the State. --------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard learned counsel for the petitioner and learned Counsel for the State. 2. The short question that arises for consideration is whether the rejection of the petitioner’s representation to consider him for the promotional post of Principal is in consonance with the amendment to the eligibility condition introduced vide Government Order Number- 15/XXIV-4/2021-03(22)2019 dated 05.01.2022, whereby pre requisite / condition, of the candidate being eligible as on the date of vacancy has been done away with. 3. It is contended by the learned counsel for the petitioner that the second respondent, while rejecting the representation, has failed to factor in the amendment 2025:UHC:4495-DB 2 dated 05.01.2022, whereby the requirement of the candidate holding the eligibility as on the date of vacancy has been deleted. 4. Learned counsel for the State would submit that the matter may be remitted back to the second respondent for reconsideration in the light of the said amendment. 5. The submissions are placed on record. 6. The writ petition is allowed in part. The order dated 05.03.2024, rejecting the representation of the petitioner, is hereby set aside. The matter is remitted back to the second respondent for reconsideration and, while so reconsidering the representation, the second respondent shall take into consideration the amendment introduced vide Government Order Number- 15/XXIV- 4/2021-03(22)2019 dated 05.01.2022. The second respondent shall consider and pass orders within four weeks from the date of receipt of certified copy of this order. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 04.06.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:13:52 +05'30'