Smt. Sushila Rawat and Another vs Director School Education, Govt. of Uttarakhand and Another

V.K. Bist, J.—Heard learned Counsel for the parties and perused the entire material available on record.

Learned Counsel for the parties agree that the writ petition may be heard and decided at the admission stage.

This petition has been filed by the petitioners with the prayer to issue a writ in the nature of mandamus commanding the respondents to consider the claim of the petitioners for the post of Assistant Teacher in Senior Primary School.

It is submitted that after going through the due selection process, the petitioners were appointed as Assistant Teacher. Subsequently, vide order dated 26.09.2006 and 22.11.2006 the petitioners were promoted as Headmistress. It is argued that since the post of Headmaster/Headmistress of Primary School and Assistant Teacher of Senior Basic School carry identical pay-scales, therefore the Headmaster/Headmistress of Primary School can be posted to the post of Assistant Teacher in Senior Basic School and since both the post carrying similar pay scales, the Headmaster of a Primary School can be posted as Assistant Teacher of Senior Basic School and vice versa. It is further submitted that the petitioners, who are similarly situated as the petitioner in Writ Petition No. 914 of 2006 (S/S), submitted representation on 04.09.2010 and 15.09.2010 to the District Education Officer, Uttarkashi for absorption as Assistant Teacher in Senior Basic School, but to no avail.

On the other hand, the learned Standing Counsel for the State/respondents has submitted that since the petitioners have been promoted on the post of Headmistress in a Primary School, their claim for the post of Assistant Teacher in a Senior Basic School cannot be considered.

The learned Counsel for the petitioners has invited attention of the Court to the letter dated 09.02.1996 (contained as annexure No. 4 to the writ petition) issued by the Basic Shiksha Parishad indicating therein that vacancy on the post of Assistant Teacher in a Senior Basic School can be filled up from a Headmistress or from a Headmaster of a Primary School. In the light of the aforesaid letter dated 09.02.1996 issued by the Basic Shiksha Parishad, this petition is disposed of with a direction that the petitioners will file fresh representation before the authority concerned annexing the order of the Basic Shiksha Parishad. If such a representation is made, the authority concerned will consider and decide the matter by a reasoned and speaking order in accordance with law, within three months from the date of production of the certified copy of this order.

Misc. Application stands disposed of.