Uttarakhand High Court
WPMS/2839/2023 on 9 October, 2023
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WPMS No.2839 of 2023
Hon'ble Ravindra Maithani, J.
Mr. Alok Mahra, Advocate for the
petitioner.
Mr. C.S. Rawat, Chief Standing
Counsel with Mr. V.D. Bisen, Brief Holder
for the State.
The challenge in this petition is
made to order dated 19.09.2023, passed
by Mr. Ravinath Raman, Secretary, School
Education, State of Uttarakhand, by
which appointments in the Management
run aided primary schools have been
banned till further orders.
Learned counsel for the petitioner
would submit that earlier such an order
was passed by the Director General,
School Education, Uttarakhand, on
10.11.2022, which was challenged in this
Court, and this Court, by judgment and
order dated 16.08.2023, passed in WPMS
No. 3231 of 2022, and connected matters,
quashed the order dated 10.11.2022,
passed by the Director General, School
Education, Uttarakhand. Similar matter
was also decided on 06.09.2023 by this
Court in WPSS No.80 of 2023.
The judgment passed by this Court
in WPMS No.3231 of 2022, is Annexure
No.18 to the writ petition. In Para 10 of
the judgment, the Court has observed as
hereunder:-
"10. This Court is not required to
adjudicate on any complaint that were
received, with regard to any particular
appointment in any aided school. If
there were complaints, the competent
authority could have examined them
and take required action in a particular
matter. But, putting a complete ban,
without any statutory authority may
perhaps not been upheld. There is a
procedure prescribed under the Act. The
provisions of the Act may not be
defeated by any such communications.
It may definitely adversely effect the
education in such aided schools.
Therefore, the impugned
communication is without any statutory
force and deserves to be set aside."
The above observation made in
WPMS No.3231 of 2022 makes it
abundantly clear that the Court had then
observed that, "But, putting a complete
ban, without any statutory authority
may perhaps not been upheld. There is
a procedure prescribed under the Act.
The provisions of the Act may not be
defeated by any such
communications."
If complete ban on such
appointments by the Director General,
School Education, Uttarakhand has not
been upheld by this Court, under what
provision of law Mr. Ravinath Raman,
Secretary, School Education, State of
Uttarakhand, could impose such a ban.
The impugned order dated 19.09.2023
does not quote any provision of law, under
which it is passed.
Is not it contempt of the Court's
order passed in WPMS No. 3231 of 2022
as well as WPSS No.80 of 2023? Why the
Secretary, School Education, may flout
the Court's order, without any sanction of
law?
Let a request be made to Secretary,
School Education, to join the proceedings
on 10.10.2023, at 2:00 PM to help this
Court understand as to under what
provision of law such a communication
has been made.
List this matter on 10.10.2023, at
2:00 PM.
(Ravindra Maithani J.)
09.10.2023
RV
