High CourtsSingle Bench(2018) 03 UK CK 0060

COMMITTEE OF MANAGEMENT PAINKHANDA INTER COLLEGE vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 22 March 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No.368 of 2018

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Judgment

16 paragraphs · 285 words

Sudhanshu Dhulia, JÂ

1.

In the earlier round of litigation, where the Committee of Management had initiated the process for selection and appointment on the posts of

Assistant Teacher (L.T.) Grade, Lecturers (in various subjects) etc, the process was stalled midway by the Government, on ground that Model Code

of Conduct came into effect due to the coming elections to the State Legislative Assembly. Aggrieved, the petitioner filed a writ petition being WPMS

No.2560 of 2017 before this Court, which was disposed of by this Court vide order dated 13.10.2017 with a direction that in case where the process

itself has been completed and the recommendation has been given to the Education Authority, let the recommendation be acted upon.

2.

Now the learned counsel for the petitioner has filed the present writ petition before this Court saying that contempt has been committed by the

respondent authorities as the order dated 13.10.2017 has not been complied with.

3.

On a pointed query to the petitioner, the petitioner has replied that in this case, seven top candidates, who had applied for the post of Teachers, their

names were sent by the District Education Authority to the Committee of

Management, and therefore, the process has been completed.Â

4.

Admittedly, in this case, no interview has been held. The relief was only in such cases where the process had been completed. Meaning thereby,

where the interview had taken place and the recommendation has been sent by the Committee of Management. Since in the present case, the process

has not reached this stage in the case of the petitioner, no relief can be granted by this Court.

5.

Consequently, the writ petition fails and is hereby dismissed in limine.Â

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