WPMS/3350/2025
2025 Latest Caselaw 6002 UK

Uttarakhand High Court

WPMS/3350/2025 on 10 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                  2025:UHC:10950
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS No. 3350 of 2025
                               With
                               WPMS No. 3327 of 2025
                               WPMS No. 3335 of 2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Yogesh Kumar Pacholia & Mr. Anil Anthwal, Advocates for the petitioners.

2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.

3. These petitions have been filed by Management of different Government Aided Educational Institutions. According to petitioners, they had requested for permission to advertise the available vacancies of teaching posts, however, the Competent Authority has not taken any decision on the request made by petitioners.

4. Learned counsel for the petitioner has placed reliance upon a judgment dated 03.09.2025 rendered by this Court in WPMS No. 2839 of 2023.

5. Para 19 of the said judgment is extracted below for ready reference:-

"19. In such view of the matter, the ban imposed by Secretary, Secondary Education, Government of Uttarakhand vide order dated 19.09.2023 is liable to be set aside and is hereby set aside. However, it shall be open to the competent authority to device ways and means and to implement them, by issuing necessary instructions to subordinate officers of the Education Department, for plugging the loopholes in the system for ensuring that selection for appointment in aided schools is made purely on merit and other 2025:UHC:10950 considerations are completely eliminated in the process of selection. The applications, if made, by the petitioners seeking permission to advertise the vacancies, shall be dealt with by the authorities as per law, and necessary order shall be passed within four weeks from the date of presentation of certified copy of this order before them."

6. Learned State Counsel concedes that the issue involved in these writ petitions is somewhat identical to one decided in the said writ petition.

7. Accordingly, the writ petitions are disposed of with a direction to the Competent Authority to take decision on the request for permission made by petitioners, as per law, within four weeks from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 10.12.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3

ASWAL D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.10 04:16:34 -08'00' 2025:UHC:10950