IMPORTANT POINT
The court reinforced the requirement for female teachers in girls' schools as per Rule 19(5) of the Uttarakhand Primary Education (Teacher) Service Rules, 2012.

JUDGMENT :

PANKAJ PUROHIT, J.

1. Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has sought the indulgence of this Court for a direction to the respondents to consider the option made by the petitioner at the time of promotion and transfer her at Government Girls Junior High School, Banoliya, Block Dwarahat, Tehsil Ranikhet, District Almora in accordance with the provisions of Uttarakhand Primary Education (Teacher) Service Rules, 2012 (for short “the Rules, 2012”).

3. It is the case of the petitioner that petitioner was posted as Assistant Teacher in Government Primary School and she was promoted on the post of Assistant Teacher, Junior High School vide promotional order dated 05.06.2021. Before her promotion, the petitioner was asked to give three options during counseling for her to be posted after promotion. The petitioner exercised options and in her option, she mentioned Government Girls Junior High School, Banoliya, Block Dwarahat, District Almora.

4. It is contended by learned counsel for the petitioner that Rule 19 (5) of the Rules, 2012 provides that in Girls Junior High School only lady teachers shall be posted, but instead of posting a lady teacher in Banoliya where the vacancy was there at the time of promotion, a male teacher named Deepak Chandra Pandey has been posted. But, now he has been transferred from Banoliya to Reyuni and due to which there occurred a vacancy of Assistant Teacher in the said Government Girls Junior High School. The petitioner by virtue of Rule 19 (5) of the Rules, 2012 wanted her to be posted at that place.

5. This fact has not been disputed by learned State Counsel that a post is vacant at the Government Girls Junior High School, Banoliya and as per Rule 19(5) of the Rules, 2012, a lady teacher should have been posted in that school being a ‘Girls School’.

6. The provisions of Section 19(5) of the Rules, 2012 are quoted herein-below:

^^19¼5½ jktdh; mPp ÁkFkfed fo|ky; ¼ckfydk½ ds inksa ij dsoy efgyk v/;kfidkvksa dks gh inksUufr ls inLFkkfir fd;k tk;sxk] ftudk uke fu;e 19 ds vUrxZr rS;kj dh x;h lwph esa lfEefyr gksA

jktdh; mPp ÁkFkfed fo|ky; ¼ckfydk½ esa fjDr in miyC/k us gksus dh fLFkfr esa efgyk v/;kfidkvksa dks ,sls jktdh; mPp ÁkFkfed fo|ky;] ftuesa ckyd ,oa ckfydk,a v/;;ujr~ gksa esa inksUufr ds QyLo:Ik inLFkkfir fd;k tk;sxkA**

7. Learned counsel for the petitioner submits that petitioner has moved a representation, annexure-8 to the writ petition, which is pending consideration with the respondent no. 3-Deputy Director of Education (Basic) Kumaon Division, Nainital and if a direction is issued to the respondent no. 3 to decide the same, the ends of justice would be met.

8. To this proposition, learned State Counsel has no objection.

9. Accordingly, the writ petition is disposed of finally with a direction to the respondent no. 3 to decide the representation of the petitioner, annexure-8 to the writ petition, within a period of ten days from the date of receipt of this order in the light of Rule 19(5) of the Rules, 2012 by a reasoned and speaking order.

10. No order as to costs.

11. Pending application, if any, stands disposed of accordingly.