Committee of Management, Janta Inter College Farshali, District Bageshwar vs State of Uttarakhand & others

SUDHANSHU DHULIA, J. (ORAL)

The petitioner before this Court is a Committee of Management, which runs a private intermediate school, namely, “Janta Inter College Farshali,

District Bageshwarâ€​. The school is admittedly under a grant-in-aid.

According to the petitioner, a post for Assistant Teacher (Social Science) became vacant in the school, which was duly advertised by the petitioner,

against which eligible candidates had applied. Subsequently, a list was prepared of top seven candidates by the duly appointed selection committee on

the basis of quality points obtained by the candidates. The committee of management then invited each candidate for the purpose of viva

voce/interview which was held on 05.08.2016, in which three candidates were declared successful. The names of the candidates so selected were

forwarded in order of merit, to the Chief Education Officer, Bageshwar for approval. The approval was granted to the candidate who was placed at

Sr. No. 1 in the selection list. All the same, as he did not join the post, even after six months, the Committee of Management took a decision for

forwarding the name of the candidate who was placed at Sr. No. 2 in the selection list. However, this approval has not been granted by the Chief

Education Officer, Bageshwar.

Meanwhile, the State Government issued a Government Order dated 04.01.2017, whereby amendments have been brought under Rules of 2009

framed under the Uttarakhand School Education Act, 2006 with regard to selection and appointment of teaching staffs in a grant-in-aid school.

The only question is whether the amendments will apply in the present case as well or it will be apply for future cases.

This Court while dealing with the same amendments in Writ Petition (M/S) No. 1871 of 2017 (Committee of Management Sri Guru Ram Rai Inter

College Mothrawala v. Secretary Department of Education, State of Uttarakhand and others) and other connected petitions, has held in its order dated

9.10.2017 that where the selection process has been completed, and the names have been forwarded for approval, they shall be governed by old Rules

and there should be no de novo process, but where the selection process has not been completed, the amendments would apply and fresh

advertisement be issued.

The present case definitely falls under the category where the selection process has already been completed. There is absolutely no need for a

fresh selection process. The Chief Education Officer, Bageshwar must look into the matter and take a decision within one week from the date of

production of a certified copy of this order.

With the directions as above, writ petition stands disposed of.