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2026 DAILYLAW 1226 (UTT)

COMMITTEE OF MANAGEMENT v. STATE OF UTTARAKHAND

WPMS/232/2026 · 2026-01-22

Alok Mahra

body2026

Judgment text

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2026:UHC:617 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/232/2026 Hon’ble Alok Mahra, J. Mr. Niranjan Bhatt, learned counsel for the petitioner. 2. Mr. Yogesh Tiwari, learned Addl. C.S.C. along with Mr. Gajendra Tripathi, learned Brief Holder for the State. 3. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of mandamus directing respondent no.5 to accord approval forthwith for initiation of the recruitment process on the post of Principal in Painkhanda Inter College, Salud, Dungra, Jyotirmath, Block Jyotirmath, District Chamoli. 4. Learned counsel for the petitioner would submit that the petitioner is the duly constituted Committee of Management of Painkhanda Inter College, Salud, Dungra, Jyotirmath, Block Jyotirmath, District Chamoli, which is a Grant-in-Aid institution duly recognised by the Education Department, Government of Uttarakhand. It is further submitted that the erstwhile incumbent holding the post of Principal superannuated on 30.11.2025, resulting in a substantive vacancy on the said post. Consequently, the Committee of Management, by a duly passed resolution, sought permission from the Chief Education Officer, Chamoli, for initiating the process of filling up the vacant post of Principal through direct recruitment. 2026:UHC:617 5. Learned counsel for the petitioner further submits that the post of Principal in a Government-aided Intermediate College is required to be filled up 100% by way of direct recruitment, in accordance with the provisions of the Uttarakhand School Education Act, 2006. In compliance with the said statutory provisions, the petitioner submitted a formal application dated 29.12.2025 before the Chief Education Officer, Chamoli, seeking approval of advertisement for the vacant post of Principal. However, despite lapse of considerable time, no decision has been taken on the said application till date, therefore, he prays that respondent no.5 be directed to consider and decide the petitioner’s application dated 29.12.2025 within a time-bound period as may be fixed by this Hon’ble Court. 6. Learned State Counsel, upon instructions, does not dispute the prayer made by learned counsel for the petitioner. 7. Accordingly, the writ petition is disposed of with a direction to respondent no.5 to consider and decide the application dated 29.12.2025 moved by the petitioner seeking approval for advertising the post of Principal, strictly in accordance with law, as expeditiously as possible and preferably within a period of four weeks from the date of production of a certified copy of this order. 8. Pending applications, if any, stand disposed of accordingly. [ (Alok Mahra, J.) Vacation Judge 22.01.2026 Mamta