Uttarakhand High Court
WPMS/2839/2023 on 10 October, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
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.S. Bisen, Brief Holder
for the State.
The challenge in this petition is made
to order dated 19.09.2023, issued by the
Secretary, School Education, State of
Uttarakhand, by which the appointments in
the Government Aided Schools have been
stayed till further orders.
Heard.
Admit.
Learned C.S.C. takes notice for the
respondent nos. 1 to 4.
Respondents may file counter affidavit
within four weeks.
Two weeks thereafter, rejoinder
affidavit, if any, be filed.
List this matter for final hearing on
20.02.2024.
Heard on Stay Application IA No.1 of
By the impugned order, the
appointments in Government Aided Schools
have been stayed till further orders.
It is the case of the petitioner that
earlier, an order of similar nature was
passed by the Director General of School
Education, which was set aside by this
Court on 16.08.2023, passed in WPMS
No.3231 of 2022, Committee of
Management RMPP Vidhyalaya Inter
College Gurukul Narsan Vs. State of
Uttarakhand and Others, as well as by a
judgment dated 06.09.2023, passed in
WPSS No.80 of 2023, Committee of
Management, Arya Kanya Pathshala Inter
College, Roorkee Vs. State of Uttarakhand
and Others.
In fact, yesterday, when the matter
was taken up, the Court had noted Para 10
of the judgment dated 16.08.2023, passed
in WPMS No.3231 of 2022, which is as
follows:-
"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 Court had then requested the
Secretary, School Education, to join the
proceedings today. He has joined the
proceedings.
The Court requested the Secretary,
School Education to tell the Court as to
under what provision of law, this
notification was issue, particularly, keeping
in view the fact that two writ petitions have
already been decided by this Court, in
which an order of similar nature, issued by
the Director General, School Education,
was set aside, observing that there have
been no sanction of law while passing such
orders.
The Secretary concerned would inform
the Court that the order has been passed
pursuant to the Cabinet Resolution.
The Court further wanted to know as
to under what provision of law, this order
has been passed? He would submit that the
Cabinet note does not reveal any provision
of law.
Learned C.S.C. would submit that
there have been complaints with regard to
the irregularities that have been committed
in the matter relating to the appointment in
such Government Aided Schools. Therefore,
a Committee has been constituted at the
Government level so as to change the
procedure for recruitment.
The Court need not reiterate as to
what has been observed in Para 10 of the
Court's judgment dated 16.08.2023, passed
in WPMS No. 3231 of 2023. Every action
has some sanction of law. There is an act at
place, under which, the schools are run
with the help of regulations.
Having considered, as an interim
measure, till the next date of listing, the
operation of the impugned order shall
remain in abeyance.
Stay application stands disposed of,
accordingly.
(Ravindra Maithani J.)
10.10.2023
RV
