2026:UHC:786 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2293/2017 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Navnish Negi, learned counsel for the petitioner. 2. Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Lecturer in a Government Aided institution, namely, Public Inter College, Motadak, Pauri Garhwal. According to him, he is the senior most Lecturer and is officiating as Principal in the Institution since 2016; Committee of Management passed a resolution on 03.06.2017 to promote petitioner as Downgrade Principal, but no decision has been taken by Chief Education Officer, Pauri Garhwal and approval is yet to be granted in the matter. 4. By means of this writ petition, petitioner has sought the following relief:- (i) Issue Writ, order or direction in the nature of Mandamus Commanding Respondent no. 3 to grant the approval on the Resolution dated 3/6/2017 and further to promote the petitioner on the Post of Principal on downgrade Scale. 5. Learned State Counsel opposed the prayer made by the petitioner by contending that as per the seniority list prepared by the Management, petitioner is not the senior most Lecturer and one Mr. Janardhan Prasad Budhakoti is in fact the senior most Lecturer, followed by Mr. Rajendra Singh Rawat and petitioner stands at serial no. 3 in order of seniority 2026:UHC:786 as on 01.11.2016. 6. Learned counsel for the petitioner, however, submits that eligibility for promotion, as Downgrade Principal has to be seen on the date of occurrence of vacancy. He submits that vacancy occurred on 01.11.2016; on the said date, Mr. Janardhan Prasad Budhakoti and Mr. Rajendra Singh Rawat were no more in service. He submits that the resolution clearly indicates that petitioner was the senior most Lecturer, who had completed ten years of service as Lecturer. 7. Learned State Counsel, however, disputes this submission and submits that on 03.06.2017, when Committee of Management passed the resolution, both Mr. Janardhan Prasad Budhakoti and Mr. Rajendra Singh Rawat were in service and petitioner stood at serial no. 3 in the seniority list. 8. Since petitioner has sought a writ of mandamus, directing the Competent Authority to take a decision in the matter, and the resolution passed by the Committee of Management in 2017 is yet to be considered by the Competent Authority, therefore, the writ petition is disposed of with a direction to Chief Education Officer, Pauri Garhwal to examine the resolution passed by Committee of Management and take an appropriate decision, as per law, within six weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J) 11.02.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C E3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.11 03:20:28 -08'00' 2026:UHC:786