Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 263/ 2025

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Sanjay Bhatt, learned counsel

appearing for the petitioner.

2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of

Uttarakhand.

3. This writ petition has been filed by Management of Acharya Narendra Dev Vidhyalaya, Khatima, District Udham Singh Nagar, seeking the following

reliefs:-

(i) Issue a writ, order or direction in the nature of

certiorari to call for the record of case and quash the impugned order dated 09.12.2020 passed by Respondent No. 3 (Annexure No. 5 to

the Writ Petition)

(ii) Issue a writ, order or direction in the nature of

mandamus directing the respondents to permit the Petitioner to conclude the selection process for the post of Junior Clerk pursuant to advertisement dated 28.10.2020 by appointing a departmental member as requested vide

letter dated 23.11.2020.

4. Petitioner is aggrieved by letter dated 09.12.2020 issued by District Education Officer (Elementary), Udham Singh Nagar, whereby petitioner was asked to suspend ongoing selection for the post of Junior Clerk, for which interview was scheduled to be held on 13.12.2020. In the said letter, it is alleged that complaint was received that there is possibility of irregularity in the interview scheduled for 13.12.2020, which is the reason for issuing direction to Management to keep the selection on

hold.

5. Learned counsel for petitioner submits that interview was not even held on 09.12.2020, as it was scheduled for 13.12.2020, therefore, there was no occasion for District Education Officer to issue the direction as has been issued by the impugned communication. He further submits that vacancy available on the post of Junior Clerk was advertised in two newspapers after seeking permission from District Education Officer. The letter, whereby permission for advertising the post was given, is on record as Annexure 2 to the writ petition. The advertisement is enclosed as Annexure 3 to the writ petition.

6. Learned counsel for petitioner submits that due to impugned communication dated 09.12.2020, vacancy on the post of Junior Clerk has not been filled so far, which is adversely affecting the functioning of the Institution.

7. Learned State Counsel concedes that the impugned communication is based on apprehension, as the selection was not even held on the date when the impugned communication was issued.

8. Since the process of selection for the post of Junior Clerk was initiated by the petitioner, strictly as per law after advertising vacancy into two widely circulated newspapers, therefore, the interference made by District Education Officer with the ongoing selection was uncalled for. Due to interference made by District Education Officer, the post of Junior Clerk is lying vacant for the last five years; thus, adversely affecting the