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Judgment
Heard learned counsel for the parties and perused the records.
This writ petition has been filed by the Management of the Government aided Higher Secondary School whereby order passed by District Education Officer, (Elementary Education), Udham Singh Nagar on 29.07.2017 has been challenged.
It is the case of petitioner that selection for the post of Head Master was held in terms of 2009 Regulations and names of the candidates, recommended by the Selection Committee, was sent for approval to the District Education Officer, (Elementary Education), Udham Singh Nagar. The District Education Officer concerned refused to grant approval to the names, recommended by the Selection Committee, on the ground that the Regulations, in terms of which selection was held, has been amended by the State Government. Therefore, present writ petition has been filed by the petitioners seeking following reliefs:-
(1) To issue a writ, order or direction in the nature of Certiorari, calling for original record and pleased to quash the impugned cancellation order dated 29.07.2017 (Annexure No. 1) issued by the respondent no. 5 i.e. the District Education Officer (Elementary Education), Udham Singh Nagar as well as Government Order dated 29th March, 2017 (Annexure No. 2) issued by the State Government respectively.
(2) To issue a writ, order or direction in the nature of mandamus, directing and commanding the respondent no. 5 to the effect that he shall complete the recruitment process and is doing so, after opening the sealed envelope regarding interview marks, he shall prepare a final select list of eligible candidates and then after granting approval to the finally selected candidate, permitted to the petitioners to appoint newly selected Principal in their school.
Sri Jitendra Chaudhary, learned counsel for the petitioners relies upon a judgment dated 09.10.2017 rendered by coordinate Bench of this Court in WPMS No. 1871 of 2017 (along with connected matters) and submits that the controversy stands concluded by the said judgment. Thus, he prays that the present writ petition may be decided in terms of the said judgment.
Mr. Anil Dabral, learned Standing Counsel for the State does not dispute the statement that the controversy stands concluded by the aforesaid judgment.
Accordingly, the impugned order dated 29.07.2017 is quashed. The writ petition is disposed of in terms of the judgment dated 09.10.2017 rendered in WPSS No. 1871 of 2017.