Mahesh Chandra Shah And Others vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Since common questions of law and fact are involved in these writ petitions, therefore, they are heard together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No.391 of 2020, alone are being considered and discussed.

Petitioner was appointed as Lecturer in a Government Inter College w.e.f. 04.09.2006, the post of Principal in the said college fell vacant on 30.06.2005 and charge of officiating principal was given to one Mr. Sawar Singh Rawat. Mr. Sawar Singh Rawat retired on 30.08.2011, thereafter, one Mr. Pawan Kumar was eligible for holding charge of officiating Principal by virtue of his seniority, however, Mr. Pawan Kumar expressed his unwillingness, therefore, charge as officiating Principal was given to petitioner on 31.08.2011.

In this writ petition, petitioner has sought the following reliefs:-

“1. a writ, order or direction in the nature of certiorari to call for the record of case and quash the G.O. dated 28-10-2020 and consequential order dated 5-11-2020 passed by the respondent No. 1 and 2 contained in Annexure 18 and 19 respectively to the writ petition.

a writ, order or direction in the nature of mandamus directing the respondent No. 3 to grant his approval on the proposal submitted by the Authorised Controller of the institution regarding promotion of the petitioner on the post of Principal (Down Grade) in the institution in accordance with law.

any other writ, order or direction, which this Hon'ble court may deem fit and proper on the basis of the facts circumstances of the case.

award the cost of the petition in favour of the petitioner.”

Learned counsel for petitioner submits that condition of possessing minimum qualification for appointment on the post of Principal (Down Grade) on the date of occurrence of vacancy, was relaxed by a Government Order dated 05.01.2022.

Learned State Counsel, however, relies upon a judgment rendered by this Court in WPSB No.371 of 2020 and submits that similar challenge to Government Order dated 28.10.2020 by a teacher was repelled in that case by referring to the provisions of the Act and regulations framed thereunder.

Learned counsel for petitioner, however, relies upon a judgment in WPSB No.389 of 2020 in which Government Order dated 05.01.2022 was considered and the writ petition was disposed of by directing the competent authority to examine claim of the writ petitioner for appointment as Principal (Down Grade).

Since petitioner has now relied upon Government Order dated 05.01.2022, therefore, the present writ petition is also decided in terms of judgment rendered in WPSB No.389 of 2020.

The petitioner shall be at liberty to make representation to Regional Additional Director concerned within ten days from today. The Regional Additional Director shall examine claim of the petitioner in the light of the relevant provision of Regulations framed under Uttarakhand School Education Act, 2006, as amended from time to time and also the Government Order dated 05.01.2022, within five months from the date of presentation of representation with certified copy of this order.

The writ petition is disposed of accordingly.