Committee Of Management, Janta Higher Secondary School, Kakodakhal, District Rudraprayag 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 19.09.2023 (Annexure No.6) passed by respondent no.1 as also the order dated 06.09.2024 (Annexure No.4) to the writ petition. It is further prayed to issue a writ of mandamus directing respondent no.4 to give permission to advertise the post of Junior Assistant in petitioner institution.

Petitioner is Committee of Management of Janta Higher Secondary School, Rudraprayag which is an aided institution. Consequent upon retirement of Junior Assistant, the said post fell vacant for which an application was sent to Chief Education Rudraprayag 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 06.09.2024 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 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 on which the respondent no.4 may be directed to decide.

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

Accordingly, the writ petition is disposed of. 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.