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Judgment
Hon’ble Pankaj Purohit, J.
By means of present writ petition, petitioner has sought the following relief:-
“(I.) Issue a writ, order direction in the nature of mandamus commanding and directing the respondent no.2 i.e. District Education Officer (Elementary Education), Nainital to consider the claim petitioner for her transfer from present place of posting i.e. Government Upper Primary School Lohali Block-Betalghat, District Nainital to Government Boys Upper Primary School, Mallital, Nainital, as the post of Assistant Teacher (General Subject) is lying vacant in the aforesaid school.”
This Court has asked the State to get instructions within 48 hours in this writ petition as to whether there was any fault on the part of respondent no. 2 or not and as to whether the seat is still vacant as on date or not.
Today, learned State Counsel supplied instructions dated 08.09.2026 to the Court, which are taken on record. On the basis of the instructions, learned Additional C.S.C. submits that due to a technical snag/error, the Government Boys Upper Primary School, Mallital, Nainital was shown to have the vacancy of Assistant Teacher (Science) in place of Assistant Teacher, Primary School (General Subject). Learned State Counsel further submits that the post of Assistant Teacher (General Subject) is still lying vacant in the Government Boys Upper Primary School, Mallital, Nainital.
In such view of the matter, the writ petition is disposed of finally. It is open to the petitioner to file a representation giving the option of the aforesaid school in her application afresh, in continuation of the earlier application, within a week from today. If such a representation is filed by the petitioner within a week, respondent no.2-District Education Officer (Elementary Education), Nainital shall consider and decide the representation of the petitioner within two weeks thereafter in accordance with law, giving due consideration to the fact that, due to the fault on the part of the State on the earlier occasion, petitioner could not opt for the Boys Upper Primary School, Mallital, Nainital in her application.
Pending application, if any, stands disposed of accordingly.