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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Jyoti Taragi - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (S/S) No. 2439 of 2022
Decided On : 23-12-2022
mandamus - promotion - The court directed the District Education Officer to consider and decide the petitioner's representations for promotion within three weeks.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 of the Constitution of India to issue a mandamus commanding the respondents to consider/amend the place of promotion of the petitioner.
Finding of the Court:
The court disposed of the writ petition with a direction to the District Education Officer to consider and decide the petitioner's representations for promotion within three weeks.
Issues: Consideration of petitioner's representations for promotion.
Ratio Decidendi: The court emphasized the need for the District Education Officer to consider and decide the petitioner's representations for promotion expeditiously in accordance with the relevant rules.
Final Decision: The court directed the District Education Officer to consider and decide the petitioner's representations for promotion within three weeks.
JUDGMENT
Alok Kumar Verma, J. - This Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider/amend the place of promotion of the petitioner, namely Jyoti Taragi, on the post of Headmistress at Government Primary School Laukote, Block Bikihyasen, District Almora, like others whose promotional place were amended by the respondents.
2. Heard Mr. Vinod Tiwari, learned counsel for the petitioner and Mr. N.P.Sah, learned Additional Chief Standing Counsel assisted by Mr. V.S. Rawat, learned Brief Holder for the State.
3. During the arguments, learned counsel for the petitioner submitted that the present petition may be decided by directing the respondent no.2/District Education Officer, Almora, District Almora to decide his representations dated 04.10.2022 and 15.102022 (Annuexure Nos. 2 and 4).
4. Learned counsel for the State requested three weeks' time to decide the said representations.
5. Having heard the learned counsel for the parties and in the facts and circumstances of the case, the present writ petition is disposed of with a direction to the District Education Officer, Almora, District Almora /respondent no.2 to consider and decide the said representations dated 04.10.2022 and 15.10.2022 (Annuexure Nos. 2 and 4), submitted by the petitioner, by a speaking order expeditiously preferably within a period of three weeks' from the date of the receipt of the certified copy of this order, in accordance with the relevant rules. It is made clear that this Court has not expressed any opinion on the merits of the case.
The court's power to issue a mandamus to compel the performance of a public duty.
The court's decision highlighted the principle of mandamus to compel the performance of a public duty, emphasizing expeditious consideration of representations for promotion.
The main legal point established in the judgment is the court's power to issue a mandamus to direct the respondent authorities to decide the petitioner's representation on medical grounds expeditious....
The court established that a Writ of Mandamus can be issued to compel a public authority to consider a representation made by an individual, ensuring adherence to procedural fairness.
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