Administrative orders have prospective operation unless indicated otherwise, and cogent reasons are required to prevent completion of the selection process.

JUDGMENT

Raghvendra Singh Chauhan, J. - The State of Uttarakhand has challenged the legality of the order dated 28.07.2017, passed by the learned Single Judge, in Writ Petition (M/S) No.2340 of 2014, whereby the learned Single Judge has allowed the writ petition filed by the Committee of Management of Udairaj Hindu Inter College and others, and has directed the District Education Officer to accord approval to the appointment of persons for the Class IV posts. For the sake of convenience, the parties shall be referred to as arrayed in the writ petition.

2. The brief facts of the case are that the Committee of Management of Udairaj Hindu Inter College, and the BSV Inter College, the petitioner Nos.2 and 4 respectively, are managed by the Committee of Management, the petitioner Nos.1 and 3. The Inter Colleges are situated in Kashipur and Jaspur in District Udham Singh Nagar. Both the colleges have several posts of class IV employees which were lying vacant. Therefore, the Committee of Management sought the permission from the respondent-department for filling up the said vacant posts.

3. According to the petitioners, on 14.09.2011, the Director of School Education, the respondent No.2, directed all the District Education Officers to start the recruitment process for filling up the vacant posts, except the post of Principal, by direct recruitment in the aided institutions. Subsequently, by letter dated 24.10.2011, the District Education Officer, Udham Singh Nagar, also informed all the aided institutions to commence the recruitment process for filling up the vacant posts. Consequently, by letter dated 02.11.2011, Udairaj Hindu Inter College, the petitioner No.2, sought approval for filling up seven vacant posts of Class IV, from the District Education Officer. By letter dated 22.11.2011, the respondent No.4 granted the requisite permission to the Committee of Management for the said College. Resultantly, on 24.11.2011, the College advertised the vacancies for Class IV posts in two daily local newspapers, and invited applications from the eligible candidates. In the said advertisement, it was clearly mentioned that the interview would be held on 18.12.2011.

4. Likewise, the B.S.V. Inter College, the petitioner No.4, sought the approval from the District Education Officer for filling up the seven vacant posts of Class IV. Since the respondent No.4 granted the requisite permission. On 02.12.2011, the B.S.V. Inter College advertised the said posts.

5. However, on 14.12.2011, the State Government issued an order directing the Education Department to the effect that "Class IV cadre is being declared as a dying cadre". In fact, in future, the Class IV employees can be resorted through the process of outsourcing. Therefore, in the light of the Government Order dated 14.12.2011, the District Education Officer withdrew the permission given by him for the recruitment process of Class IV employees.

6. Since the petitioners were aggrieved by the Government Order dated 14.12.2011, and the letter dated 17.12.2011, they filed a writ petition before this Court, namely, Writ Petition (M/S) No.1486 of 2012, wherein they prayed that the petitioners should be permitted to complete the recruitment process in relation to the Class IV posts. By order dated 02.09.2013, this Court directed the petitioners to file a representation before the Department; the Department was directed to decide the same.

7. Consequently, the petitioners filed the representations on 31.10.2013, 14.10.2013, 17.10.2013 and 15.03.2014. Having received the representations, the respondent No.3, the Chief Education Officer, sought directions from the Director of School Education, the respondent No.2. However, as no action was taken by the respondents on the representations submitted by the petitioners, and that, too, after this Court had directed the respondents to decide the representations, the petitioners filed a Contempt Petition before this Court, namely, Contempt Petition No.115 of 201