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2016 DIGILAW 502 (UTT)

Vinod Kumar Bhatt v. State of Uttarakhand

2016-08-22

SUDHANSHU DHULIA

body2016
JUDGMENT : 1. The petitioner (in WPMS No. 2297 of 2016) before this Court is the Principal of Inter College Quarali (in short “Institute”), which is a private intermediate college, though under grant-in-aid, at Bageshwar. The term of the management was come to an end on 27.07.2015, but prior to reach the said date, the office bearers of the management committee resigned from their membership on 03.06.2015 and submitted the same to the Chief Education Officer, Bageshwar. Thereafter, the Administrator was appointed and consequently, the Administrator and the Principal are running the Institute. The Principal of the Institute had made representations to the Chief Education Officer, Bageshwar for filling up the vacant posts of Assistant Teachers (L.T. Grade) on which, the Chief Education Officer, on 11.02.2015 granted permission to the Principal to conduct the interviews for the post of Assistant Teachers (L.T. Grade) in Science, English and Sanskrit. The aforesaid posts have become vacant in the Institute in August 2014 itself, but it appears that the management committee was not prompt enough to make prompt requisition to the education authority for filling up the said posts by way of regular selection and the requisitions were made only in the year 2015. It was earlier granted but subsequently, the Chief Education Officer, vide order dated 02.06.2015 stayed the ongoing selection process for the aforesaid posts of Assistant Teachers (L.T. Grade), as the election of the committee of management were to be held in near future. 2. In this case, the Principal and the State have already filed their counter affidavits in which they have clearly stated that the Institute urgently requires teachers and in terms of order passed by Chief Education Officer, Bageshwar interviews have already been conducted and selection committee already recommended the names of the selected candidates to the Chief Education Officer, but for reasons best known to the Chief Education Officer, these appointments have not been made till date. Hence, the Principal has filed the second writ petition being WPMS No. 2297 of 2016 with the following prayer:- “I. a writ, order or direction in the nature of certiorari for to call for the record of the case and quash the order dated 06.06.2016 passed by respondent no. 2 contained in Annexure no. 13 to the writ petition. II. Hence, the Principal has filed the second writ petition being WPMS No. 2297 of 2016 with the following prayer:- “I. a writ, order or direction in the nature of certiorari for to call for the record of the case and quash the order dated 06.06.2016 passed by respondent no. 2 contained in Annexure no. 13 to the writ petition. II. a writ, order or direction in the nature of mandamus directing the respondents No. 2 to grant permission for the advertisement for the vacant post of Lecturers. III. a writ, order or direction in the nature of mandamus directing the respondents to grant the approval to the appointment on the post of Assistant teacher L.T. grade Science, English and Sanskrit in pursuant to the interview held in 27.2.2016 & 29.2.2016. IV a writ, order or direction in the nature of mandamus, which this Hon’ble court may deem fit and proper on the basis of the facts and circumstances of the case. V. Award the cost of the petition to the petitioner.” 3. Under the aforesaid circumstance of the case, as far as Writ Petition (M/S) No. 430 of 2016 filed by the petitioner is concerned, it is for issuing a writ, order or direction in the nature of certiorari to quash the order dated 11.02.2015 passed by the Chief Education Officer, Bageshwar by which permission was given to the manager/Principal of the Institute to conduct the interviews of teachers for the vacant posts of the Institute. Sri Vinod Kumar Bhatt (petitioner in WPMS No. 430 of 2016) is only a member of the general body, and he has absolutely no locus to file the writ petition before this Court, particularly, for the relief, which he is seeking in the writ petition. In case, such a relief is granted to the petitioner (in WPMS No. 430 if 2016) it will be against the Institute, and more particularly against the students, who are studying in the said Institute. The Institute is situated in remote hill district of Bageshwar. Admittedly the posts of Assistant Teachers are lying vacant for more than a year. Now since the regular selection process is being made, there is no occasion to interfere in the present matter. Accordingly, the writ petition (M/S) No. 430 of 2016 stands dismissed. 4. As far as second writ petition is concerned i.e. WPMS No. 2297 of 2016, the writ petition is allowed. Now since the regular selection process is being made, there is no occasion to interfere in the present matter. Accordingly, the writ petition (M/S) No. 430 of 2016 stands dismissed. 4. As far as second writ petition is concerned i.e. WPMS No. 2297 of 2016, the writ petition is allowed. The Chief Education Officer is directed to grant the approval, if the same is requisitioned in accordance with law, and thereafter let suitable candidates be promptly appointed in the Institute. It has further been pointed out that seven more posts of are lying vacant in the Institute, for which requisition has already been made to the authority concerned. If it is so, there is no reason, why such a sanction should not be made till date, unless there are legal impediment. A mandamus is hereby issued to the Chief Education Officer to promptly grant permission for the same in accordance with law, unless there is any legal impediment.