Alok Kumar Verma,J
1. The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers :-
“(I) Issue a writ, order in the nature of mandamus commanding and directing the respondent no. 5 to forthwith grant permission for issuance of
advertisement for initiation of process of recruitment as sought by petitioner's letter dated 02-06-2022 (received in the office of Chief Education
Officer, Udham Singh Nagar on 04-07-2022) (contained as Annexure no.6 to this writ petition).
(II) Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case; and
(III) To award the cost of the writ petition in favour of the petitioner.â€
2. Heard Mr. D.S. Patni, learned Senior Advocate assisted by Mr. Dharmendra Barthwal, learned counsel for the petitioner and Mr. Suyash Pant,
learned Standing Counsel for the respondents.
3. Mr. D.S. Patni, learned Senior Advocate, has contended that the petitioner is Committee of Management A.N. Jha Inter College duly recognized
and under grant in Aid, situated at Jaspur, District Udham Singh Nagar. The posts for the petitioner’s School were created vide Government
Order dated 12.10.1991. The procedure of appointment of Teachers, Head of Institution and other employees in Aided Institution is governed by
Section 36 of the Uttarakhand School Education Act, 2006 and Chapter II of Regulations, 2009, framed under the Act, 2006. The post of Assistant
Teacher L.T. (Hindi), which is reserved for the candidate of the Scheduled Caste, is vacant since 01.05.2022. The petitioner requested the Chief
Education Officer, Udham Singh Nagar for grant of permission to publish an advertisement for filling up the vacant post of the Assistant Teacher L.T.
(Hindi) through its letter dated 02.06.2022.
4. Mr. D.S. Patni, learned Senior Advocate has further contended that the learned Advocate General in Writ Petition (M/S) No. 3405 of 2023, had
submitted that the In-charge Secretary has given the statement that necessary directions have been issued to the Director General, School Education,
who also issued the necessary instructions to all the concerned Chief Education Officer to proceed with the recruitment process. But the said letter /
representation dated 02.06.2022 is still pending before the Chief Education Officer, Udham Singh Nagar, the respondent no.5.
5. Mr. Suyash Pant, Advocate, has submitted that the representation should be given to the Director General, School Education, Uttarakhand
Dehradun, the respondent no.2, and, in case, the petitioner moves a representation before the Director General, School Education, Uttarakhand
Dehradun, the said representation shall be decided within two weeks.
6. Mr. D.S. Patni, Advocate, has sought one week’s time to move a fresh representation to the Director General, School Education, Uttarakhand
Dehradun, the respondent no.2.
7. With the consent of both the parties, the present writ petition is disposed of with a direction that in case, the petitioner moves a representation along
with a certified copy of this order to the Director General, School Education, Uttarakhand Dehradun, the respondent no.2, within one week from today
for recruitment to the post of Assistant Teacher L.T. (Hindi), the respondent no.2 shall consider and decide the said representation as per law within
two weeks thereafter.
8. It is made clear that this Court has not expressed any opinion on the merit of the case.