2025:UHC:5280-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 No.367 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. There is no representation for the petitioner. 2. On the last occasion also, petitioner remained unrepresented. 3. Mr. K.N. Joshi, Deputy A.G. with Mr. Pooran Singh Bisht, Standing Counsel for the State. 4. This writ petition was filed in 2020 seeking the following reliefs:- “(i) A writ, order or direction in the nature of certiorari calling for records and quash the Order dated 28.10.2020; 5.11.2020 and 9.11.2020 passed by respondents in violation of Section 36 of the Uttarakhand School Education Act, 2006 (Annexure No.1). (ii) A writ, order or direction in the nature of mandamus directing the respondents to approve the promotion of the petitioner on the post of Downgrade Principal from 02.03.2015 of Janta Inter College, Dhandhankhet, Pauri Garhwal by approving the Management Committee proposals dated 02.03.2015 (Annexure No.5) and 19.05.2018 (Annexure No.9) in compliance of Uttarakhand School Education Regulations, 2009 (as amended time to time). (iii) A writ, order or direction in the nature of mandamus directing the respondents not to remove the petitioner from the post of in- charge Principal Janta Inter College, Dhandhankhet, Pauri Garhwal.” 5. As per averments made in the writ petition, petitioner is senior-most Lecturer in a 2025:UHC:5280-DB Government aided Institution; the post of Principal in said Institution fell vacant on 31.07.2009 and one Mr. Satish Chandra Bodai was given charge as Officiating Principal, who served in the said capacity between 01.08.2009 to 31.03.2012 and, thereafter petitioner was handed over the charge as Officiating Principal w.e.f. 01.04.2012. Petitioner staked claim for his appointment as Downgrade Principal which, however, was rejected by the Chief Education Officer, Pauri Garhwal, vide order dated 06.06.2016. 6. The reason assigned for rejecting petitioner’s claim for Downgrade Principal was: (i) He was promoted as Lecturer only on 23.07.2005, therefore, he has not completed minimum ten years service as Lecturer on the post of Principal (ii) He was not granted selection grade of pay, which is a condition precedent for appointment as Downgrade Principal. 7. In this writ petition, petitioner has challenged the Government Order dated 28.10.2020, which provides that in the event no eligible teacher is available in a school, on the date of occurrence of vacancy on the post of Principal, then such vacancy has to be filled by direct recruitment. 8. We find no reason to interfere with the Government Order dated 28.10.2020. Since petitioner was not having requisite qualifications for appointment as Downgrade Principal in terms of the Regulations framed under the Uttarakhand School Education Act, 2006, therefore, we do not find any scope for interference in the matter. 9. Validity of Government Order dated 28.10.2020 was considered by us in Writ Petition (S/B) No.371 of 2020, in which it was 2025:UHC:5280-DB held as under:- “4. Chapter 2 of the Regulations framed under Uttarakhand School Education Act, 2006 deals with appointment of Head of institutions and also teachers. Regulation 2 of Chapter 2 reiterates that vacancy on the post of Head Master/Principal has to be filled by direct recruitment, except cases which are covered by Section 37(1) or Section 38(1) of Uttarakhand School Education Act. Section 37(1) and Section 38(1) of the Act provides that selection for appointment as Head of institution shall be made by a Selection Committee. Thus, from the scheme of the Act and the regulations framed thereunder, it is clear that post of Head of institution has to be ordinarily appointed by direct recruitment and a vacancy on the post can be filled by promotion if a teacher, who fulfills all conditions of eligibility for promotion as Head of institution as prescribed in proviso to Regulation 2 is available in the institution. 5. In view of the statutory scheme as discussed above, we do not find any infirmity or illegality, whatsoever in the communication issued by Secretary, Secondary Education on 28.10.2020. Para 4 of the said Government Order is in consonance with the statutory scheme, therefore we do not find any reason to interfere with the same.” 10. In view of the above, writ petition fails and is dismissed accordingly. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.06.2025 23.06.2025 Rajni RAJINI GUSAI N Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876 db48448ac3701a9ae475a2547e4 b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2 222B4DF4FC80D4557562F95BEB A013F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.06.23 21:28:04 -07'00'