Committee Of Management vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned Counsel for the parties.

By means of this petition, petitioner has prayed to issue a writ of certiorari quashing the order dated 03.08.2022 (annexure no.4) passed by respondent no.4. It is further prayed that a writ of mandamus be issued directing respondent no.4 to give permission to the petitioner to advertise the post of Lecturer (Hindi) in E.W.S. Category in Subhash Inter College Tholdhar (Udaipur), District Tehri Garhwal.

Petitioner is the Committee of Management of Subhash Inter College Tholdhar (Udaipur), District Tehri Garhwal, which is a recognized non-government aided institution. Consequent upon retirement of Lecturer (Hindi), the said post fell vacant and an application was sent to Chief Education, Tehri Garhwal for permitting the petitioner to issue an advertisement for filling up the said post. It is the case of petitioner that several applications have been sent for that purpose and the respondent no.4 by way of impugned order dated 03.08.2022 has rejected the said proposal.

It is submitted by learned counsel for the petitioner that the representation of the petitioner-institution was rejected in a cursory and vague manner. He further submits that the basis of rejection is a reliance placed upon two Government Orders which have already been set aside by this Court in another set of litigation. He further submits that petitioner may be permitted to file a fresh representation ventilating his grievance and a direction may be issued to respondent no.4 to decide the said representation within a stipulated period.

To this proposition, there is no objection from the side of learned State Counsel.

Accordingly, the writ petition is disposed-off. Petitioner is permitted to move a fresh representation before respondent no.4 within two weeks from today. The respondent no.4-Chief Education Officer, Rudraprayag, on receipt of same, shall pass a speaking and reasoned decision, thereon, in accordance with law, within a period of one month from the date of its receipt.

Pending application, if any, stands disposed of.