High CourtsSingle Bench(2018) 07 UK CK 0019

Chaudhary Sukhveer Singh Adarsh Junior High School and another vs State of Uttarakhand and others

Uttarakhand High Court · Decided on 5 July 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Allowed
CASE NUMBER
Writ Petition (M/S) No. 1005 of 2018

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Judgment

9 paragraphs · 169 words

SUDHANSHU DHULIA, J. (ORAL)

1.

This petition has been filed by the Management Committee of a private school, which runs an intermediate school, which is under grant-in-aid of the

State. To fill the post of clerk, the management committee started selection process, however, the selection process was stopped by the respondents

vide order dated 16.02.2018. Aggrieved, the petitioners have filed the present writ petition.

2.

In the counter affidavit, the State Government has said that the petitioner was asked to stop the selection process in terms of Government Order

dated 29.03.2017, whereby amendments have been brought under the Rules of 2009 framed under the Uttarakhand School Education Act, 2006.

3.

The Rules of 2009 admittedly are the Rules which govern the service conditions of teachers. They have got nothing to do with the ministerial staff.

4.

In view of the above, writ petition is allowed. Order dated 16.02.2018 is hereby quashed. The respondents are directed to complete the selection

process for the post of clerk in accordance with law.