3 August vs State Of Uttarakhand & Others
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Uttarakhand High Court

3 August vs State Of Uttarakhand & Others on 13 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                    2025:UHC:7126-DB



HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Service Bench No. 204 of 2017
                         13 August, 2025



Government Principals
Association Uttarakhand & another                      --Petitioners
                         Versus

State of Uttarakhand & others                        --Respondents

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Presence:-
      There is no representation for the petitioners.
      Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the
      State of Uttarakhand / respondents.
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Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.

(Per: Hon'ble Manoj Kumar Tiwari, J.)


                           JUDGMENT

Petitioner is an association of Principals of Government Intermediate Colleges. They are aggrieved by the Uttarakhand State Educational (Administrative Cadre) Service Rules, 2013, which provides that persons serving as Deputy Director, alone shall be eligible for promotion to the post of Joint Director of Education.

2. It is the contention of the petitioners that Principal, Government Intermediate Colleges should also be made eligible for promotion as Joint Director.

3. Learned State Counsel is right in submitting that the channels of promotion have to be decided by the employer, which in the present case, is the State

2025:UHC:7126-DB Government.

4. Since the State Government in its Rule making power under proviso to Article 309 of the Constitution has framed Service Rules, therefore, channel of promotion cannot be given to petitioners merely on their asking, as the State Government has to examine various other aspects, before amending the Rules.

5. Be that as it may, since petitioners have sought a writ of mandamus, therefore, we think that ends of justice would be met, if petitioner association is permitted to make representation to the State Government.

6. The writ petition is, accordingly, disposed of with liberty to petitioner association to make representation to the State Government. If petitioner makes such representation, within three weeks from today, the competent authority in the State Government shall consider the same, as per law.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 13.08.2025 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.14 10:33:02 +05'30'