WPMS/985/2021
2021 Latest Caselaw 1611 UK

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                                      WPMS No.985 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. M.S. Bhandari, Advocate for the petitioner.

Mr. I.P. Kohli, Standing Counsel for the State of Uttarakhand.

The petitioner has filed this writ petition confining his relief by way of a writ of mandamus directing respondent nos.2 & 3 to consider and decide the representation of the petitioner dated 02.01.2021, for the purposes of deciding the determination of the collages into the various categories, as it has been contemplated under Rule 4 of the Rules of 2013 called as Uttarakhand (School Education) First Appointment, Promotion and Transfer, Rules 2013.

In fact, if the Rules itself are taken into consideration, it is rather the committee which has to determine the issue which has been raised by the petitioner in the writ petition and the committee as provided is constituted therein is provided under Rule 5 of the said Rules of 2013.

In such an eventuality, this writ petition is being disposed of with a direction to the aforesaid committee, as contemplated under Rule 5, to take a decision on the representation submitted by the petitioner to the Chief Education Officer, who is also one of the constituent Members of the committee. The committee thus is directed to take a decision on the representation of the petitioner for the redressal of his grievance within a period of two months from the date of presentation of the certified copy of this judgment.

However, it is made clear that this Court has not expressed any opinion on the merits of the matter.

This period of directing to decide the representation, would obviously be exclusive of the period if any, by which any restrictions are imposed over the proceedings on account of the pandemic situation.

Subject to the above, the writ petition is disposed of.

(Sharad Kumar Sharma, J.) 05.05.2021 Arti