Committee Of Management vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of this writ petition the petitioner has sought indulgence of this Court for issuance of a writ of mandamus directing respondent no.3 to conclude the selection process for the post of Principal, Assistant Teacher and Junior Clerk, in Public Inter College Indrapuri, within a stipulated time frame.

It is the case of the petitioner that for supplying the aforesaid vacancies advertisements were issued on 02. 0.2015 separately for the post of Principal, Assistant Teacher, L.T. Grade and for Junior Clerks. It is contended by the petitioner that due to amendment in the Regulations, the selection process could have been proceeded with and it is still pending. In this view of the matter, the petitioner moved this Court by filing the present writ petition.

Since the advertisement is of 2015, therefore, in view of the provisions contained in Regularion 10(घ        घ) of the Regulation 2009 framed under Uttarakhand School Education Act, 2006, it is provided that if the selection process is not completed within a period of three months from the date of issuance of advertisement the ongoing selection process would stand cancelled and in that event, no such direction which is sought by the petitioner can be issued.

It is contended that petitioner has moved an application dated 19.02.2024 for permission to issue a fresh advertisement of the aforesaid positions to the respondent no.3, which is pending since long.

Accordingly, the writ petition is disposed of with a direction to the respondent no.3 to consider the case of petitioner and if found suitable give permission to the petitioner for re advertising the aforesaid vacant post for selection as per law within a period of three months from the date of production of certified copy of this order.