2025:UHC:4797-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE JUSTICE MR. MANOJ KUMAR TIWARI AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No. 371 of 2020 9th June, 2025 Lalit Kishor Sharma -------Writ Petitioner Versus State of Uttarakhand and others ------Respondents ---------------------------------------------------------------------- Presence:- None is present for the petitioner. Mr. K.N.Joshi, learned Deputy Advocate General for the State. ---------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Tiwari, J.) Petitioner has challenged the communication dated 28.10.2020 issued by Secretary, Secondary Education. By the said communication, Director, Secondary Education was asked to submit a report on certain points. Petitioner is aggrieved by para 4 of the said communication which provides that if on the date of occurrence of vacancy on the post of Head Master (High School) or Principal (Intermediate College), no teacher is eligible for promotion as Head Master/Principal, then in that case, steps shall be taken to fill such vacancy by direct recruitment. Petitioner is also challenging the consequential letter issued by Chief Education Officer, Dehradun on 18.11.2020. 2. We do not find any scope to interfere with the communication issued by Secretary, Secondary Education and the consequential letter issued by Chief Education Officer. 1 2025:UHC:4797-DB 3. Section 36 (2) of Uttarakhand School Education Act, 2006 provides that every post of Head of Institution or Teacher shall except to the extent prescribed for being filled by promotion, be filled by direct recruitment. Section 36 (2) of the Act is reproduced below for ready reference. “36. Procedure for selection of, teachers and heads of institutions.- (1)…………………. (2) Every post of Head of Institution or teacher, of an institution shall except to the extent prescribed for being filled by promotion, be filled by direct recruitment after intimation of the vacancy to the District Education Officer and obtaining approval of the District Education Officer for advertising and advertisement of the vacancy containing such particulars as may be prescribed, in at least two daily newspapers having wide circulation in the State.” 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 statutory scheme as discussed above, we do not find any infirmity or illegality, whatsoever in the 2 2025:UHC:4797-DB 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. 6. Petitioner was appointed as Assistant Teacher (C.T.) Grade in a Government Aided institution on 21.04.1989, his services were absorbed in the cadre of Assistant Teacher (L.T.) Grade pursuant to G.O. dated 03.06.2005. Petitioner was thereafter promoted as Lecturer on 22.10.2012. It is not in dispute that the post of Principal in the concerned institution fell vacant on 31.03.2016 and petitioner was not possessing the requisite qualifications for appointment as Downgrade Principal on the date vacancy arose on the post of Principal. Reportedly, one Mr. Raghuvansh Kumar held charge as Principal between 01.04.2016 to 31.03.2017. Petitioner has sought a direction to the authorities to approve his promotion as Down Grade Principal w.e.f. 01.04.2017. 7. Counter affidavit has been filed by Ms. Asha Rani Painuly, Chief Education Officer, District Dehradun on behalf of respondent no. 4. Para 9 of the said counter affidavit is reproduced herein below: “9. That the petitioner is working with the Punjub Sindh Skhetra Inter College, Rishikesh, Dehradun and the post of the Principal is vacant due to the retirement of the Principal on 31.03.2016, the petitioner has been promoted on the post of Lecturer on 22.10.2012 and has not completed the 10 years of services, therefore in accordance with the provision of the government order dated 18.10.2011, the petitioner is not having requisite qualification and has not been granted the benefit of downgrade Principal. In accordance/complied of the provision of the Government Order dated 28.10.2020 the advertisement for the appointment of the post of Principal through direct recruitment, in the Punjab Sindh Skhetra Inter College, Rishikesh, Dehradun has been 3 2025:UHC:4797-DB issued, as the petitioner was not having requisite qualification of the pay of the vacancy, therefore the benefit of the post of downgrade Principal has not been given to him.” 8. Learned State Counsel submits that G.O. dated 18.10.2011 referred in the counter affidavit is actually a notification whereby the Regulations were amended and eligibility conditions for appointment as Downgrade Principal were laid down. 9. Since petitioner does not meet the requirement of the regulations for appointment as Downgrade Principal, therefore direction as sought by him in prayer no. 2 cannot be granted. 10. The writ petition is accordingly dismissed. It shall be open to the authorities to take necessary steps for filling vacancy on the post of Principal by direct recruitment. (Manoj Kumar Tiwari, J.) (Subhash Upadhyay, J.) Dated: 09.06.2025 Kaushal 4