2025:UHC:6078-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/369/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. There is no representation for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand. 3. Petitioner was appointed as Lecturer (Chemistry) in a Government Aided Intermediate College, on 22.08.2006; the post of Principal of the said college fell vacant in the year 2012; and the charge as Officiating Principal was given to a senior most lecturer i.e. Mr. Raghunath Singh Rawat. Mr. Raghunath Singh Rawat retired on 30.06.2015 as Officiating Principal, and petitioner was given charge as Officiating Principal w.e.f. 01.07.2015. 4. By means of this writ petition, petitioner has sought the following reliefs:- “(i) A Writ Order or Direction in the nature of Certiorari calling for records and quash the Orders dated 28 October, 2020; 5 November, 2020 & 9 November, 2020 passed by the 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 respondent no. 5 to consider and propose the name of the petitioner for the promotion on the post of Downgrade Principal since 22.08.2016 in furtherance of representation dated 22.06.2018 and 23.07.2018 and pass reasoned order (Annexure No. 5) (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, Devrakhal, Pauri Garhwal.” 2025:UHC:6078-DB 5. Learned State Counsel submits that since petitioner was not the senior most lecturer on the date of occurrence of vacancy and he was also not given charge as Officiating Principal in 2012, when vacancy occurred on the post of Principal, therefore, he is not entitled to be appointed as Downgrade Principal. He points out that on 14.02.2016, vacancy on the post of Principal was advertised for direct recruitment, however, the selection process could not concluded, therefore, petitioner continued to serve as Officiating Principal. 6. Petitioner is aggrieved by the condition mentioned in Government Order dated 28.10.2020 that one should fulfil all conditions of eligibility for appointment as Principal on the date of occurrence of vacancy on the said post and only then he can be considered for appointment as Downgrade Principal. 7. A subsequent Government Order dated 05.01.2022 has been brought to our notice, whereby the aforesaid condition was relaxed and it was provided that if it is not possible to appoint the senior most teacher as Officiating Principal, on account of adverse entry or some other adverse material, then the second senior most teacher in the institution can be appointed as Officiating Principal. 8. In view of the subsequent order dated 05.01.2022, issued by Additional Secretary, Secondary Education, Uttarakhand, we dispose of the 2025:UHC:6078-DB writ petition by directing the competent authority to examine petitioner’s claim for appointment as Downgrade Principal in the light of Government Order dated 05.01.2022 and also the relevant Regulations framed under Uttarakhand School Education Act, 2006, within six months from the date of production of certified copy of this order. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 14.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.15 10:02:07 +05'30'