Committee Of Management vs State Of Uttarakhand & Others

Pankaj Purohit, J

Heard learned counsel for the parties.

Petitioner is Committee of Management of Arya Kanya Pathshala, Inter College, Roorkee, District Haridwar. There were three vacancies of the Assistant Teacher in Primary Section in the aforesaid college. For the purpose of filling up the aforesaid vacancies, the permission was granted to the petitioner on 31.03.2021. Pursuant to the permission granted to the petitioner on 31.03.2021, no selection could have been made, therefore, subsequent permission was also granted on 21.10.2022. Pursuant to the subsequent permission, the advertisement was issued on 21.10.2022 in two daily newspapers circulating in the area. The applications were submitted to the District Education Officer, Primary Education, Haridwar and as per the regulations, District Education Officer proceeds further with the selection process and sent a list of the eligible candidates to the Committee of Management. Thereafter, a ban was imposed by the State Government on the recruitment process in all aided Institutions and the selection process could not have been proceeded.

The said ban which has been imposed by the State Government under the hand of Director General of School Education was quashed by this Court vide its judgment and order dated 16.08.2023 and 06.09.2023, passed in WPMS Nos. 3231 of 2022 and 80 of 2023, respectively. Despite orders passed by this Court for quashing the ban imposed by the State Government a ban was again imposed by respondent no.1 on 19.09.2023, which was also challenged by Committee of Management and the same was stayed by this Court on 10.10.2023 in WPMS No.2839 of 2023, annexure-15 to the writ petition. After stay of the ban imposed by the respondent-State, the petitioner requested the District Education Officer, Primary Education to sent a list of top seven candidates so that the selection/recruitment process can be completed, but the petitioner was orally informed by respondent-District Education Officer, Primary Education that since 90 days have been expired, therefore, as per the provisions of 10(घघ) of the Regulations 2009 framed under Uttarakhand School Education Act, 2006, the post is to be re-advertised.

Hence, the petitioner is before this Court by moving this writ petition for a direction to the respondent no.5 to grant permission to the petitioner to issue fresh advertisement for the post of Assistant Teacher, Primary (Science) Section reserved for Scheduled Caste Candidate.

For the said purpose, petitioner has moved a representation to the respondent no.5 dated 07.08.2024, which is annexed as annexure-17 to the writ petition.

It is submitted by learned counsel for the petitioner that the said representation of the petitioner is pending consideration and no order has been taken on the said representation as yet by the Competent Authority. He further submits that if a direction is issued to respondent no.5 to take a decision on the petitioner’s representation dated 07.08.2024, the ends of justice would be met.

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

Accordingly, the writ petition is disposed of. Respondent no.5-District Education Officer, Haridwar is hereby directed to take speaking and reasoned decision on the petitioner’s representation dated 07.08.2024, annexure-17 to the writ petition, in the light of provisions of 10(घघ) of Regulations, 2009, within a period of one month from the date of production of certified copy of this order.

Pending application, if any, stands disposed of.