WPSS/27/2022
2022 Latest Caselaw 694 UK

 IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
          ON THE 10TH DAY OF MARCH, 2022
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (S/S) No. 27 of 2022

BETWEEN:
Bhuvnesh Verma                                        .......Petitioner
     (By Mr. Prasanna Karnatak)


AND:
Manager, Public Inter College
Doiwala & others.                                     ...Respondent
     (Mr.   H.M.   Raturi,   Deputy,   Advocate   General   for   the   State   of
     Uttarakhand)



                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is serving as L.T. Grade Teacher in Public Inter College, Doiwala, Dehradun, which is a Government Aided Intermediate College.

3. According to the petitioner, he is qualified for promotion to the post of Lecturer (Chemistry) and the post of Lecturer (Chemistry) is lying vacant in the said college, however, Committee of Management of the college is proposing to fill that post, by direct recruitment.

4. It is the case of the petitioner that post of Lecturer (Chemistry) is required to be supplied by promotion, as per the statutory provisions.

5. Learned State counsel was asked to get instructions. Today, on instructions, he submits that Committee of Management of the college has sent a proposal for supplying the vacancy on the aforesaid post by direct recruitment and the said vacancy has been reserved for OBC candidate.

6. Since there is a dispute as to whether the post of Lecturer (Chemistry) is required to be filled up by promotion, therefore, petitioner is permitted to make a representation to Chief Education Officer, Dehradun. If petitioner makes representation to Chief Education Officer, within two weeks from today, decision thereupon shall be taken by him, within eight weeks from the date of receipt of representation along with certified copy of this order.

7. Before taking any decision, Chief Education Officer shall hear the Committee of Management and other stakeholders, if any.

8. With the aforesaid observation, writ petition stands disposed of.

(MANOJ KUMAR TIWARI, J.) Navin