WPSS/512/2022
2022 Latest Caselaw 1015 UK

        IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 ON THE 30th DAY OF MARCH, 2022
                                            BEFORE:
              HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

                 Writ Petition (S/S) No. 512 of 2022

BETWEEN:
Kushla Prasad.                                                         ...Petitioner
        (By Mr. Ninranjan Bhatt, Advocate)


AND:
State of Uttarakhand & others.                                    ...Respondents
        (By    Mr.    H.M.   Raturi,    Deputy   Advocate   General    for   the   State   of
        Uttarakhand/respondent nos. 1 to 4)



                                       JUDGMENT

Heard learned counsel for the parties.

2. Petitioner participated in a selection for the post of Assistant Teacher in Government Primary School in District Haridwar. According to him, respondent no. 5 has been appointed against one of the posts, although, he was not called for counselling.

3. Since the dispute raised by petitioner is factual in nature as to whether respondent no. 5 had participated in counselling or not, therefore, this Court thinks that ends of justice would be met, if petitioner's representation is directed to be decided by Director, Elementary Education, Uttarakhand.

4. Accordingly, writ petition is disposed of by directing respondent no. 2 to take decision on petitioner's representation dated 26.03.2022 (Annexure-7 to the writ petition), as early as possible, but not later than eight weeks from the date of production of certified copy of this order, along with copy of representation. It goes without saying that before taking decision, respondent no. 5 shall also be heard.

(MANOJ KUMAR TIWARI, J.) Navin