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Uttarakhand High Court
Committee Of Management Inter College ... vs State Of Uttarakhand And Others on 22 December, 2025
2025:UHC:11477
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
22ND DECEMBER, 2025
WRIT PETITION (M/S) NO. 3555 OF 2025
Committee of Management Inter College Naugaon
...Petitioner.
Versus
State of Uttarakhand and Others ...Respondents.
Counsel for the petitioner : Mr. Yogesh Kumar Pacholia, learned
counsel.
Counsel for the respondent : Mr. Suyash Pant, learned Standing
Counsel along with Mr. Devesh
Ghildiyal, learned Brief Holder for the
State of Uttarakhand.
JUDGMENT:
(per Mr. Subhash Upadhyay, J.)
Heard the learned counsel for the petitioner
and learned counsel for the State.
2. Learned counsel for the petitioner has filed this
petition with the following prayers:
"I-Issue a writ, rule, order or direction in the nature of
Mandamus, commanding and directing the respondents to give
approval / permission to the Committee of Management to fill
up the 3 vacant posts of Lecturer and 2 vacant posts of
Assistant Teachers (LT - Grade), by issuing Advertisement for
fresh recruitment.
II- Issue any other, other writ, rule, order or direction, which
this Hon'ble Court may deem fit and proper in the
circumstances of the case.
III- Cost of petition may be awarded in favour of Petitioners."
3. Learned counsel for the petitioner submits that
Committee of Management of different Government aided
educational institutions had challenged the order dated
19.09.2023 by which a ban was imposed by the State
2025:UHC:11477
Government on the appointment of teaching and non-
teaching posts in the Government aided educational
institutions.
4. Learned counsel for the petitioner submits that
the Co-ordinate Bench of this Court vide order dated
03.09.2025 passed in WPMS No.2839 of 2023 had set aside
order dated 19.09.2023 by which ban was imposed on
appointment of teaching and non-teaching staff. He refers
to paragraph no.19 of order dated 03.09.2025 which reads
as under:-
"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 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."
5. Learned counsel for the petitioner thus submits
that the application submitted by the Committee of
Management on 13.10.2025 for granting approval /
permission to the Committee of Management to fill up the 3
vacant posts of Lecturer and 2 vacant posts of Assistant
Teachers (LT - Grade), by issuing an advertisement may be
considered in the light of the said directions issued in the
said writ petition.
6. Learned counsel for the respondent State submits
2025:UHC:11477
that the writ petition can be disposed of in terms of the said
order and the authorities shall consider the request made
by the Committee of Management, as per law.
7. The submissions are placed on record.
8. The writ petition is disposed of in terms of
paragraph no.19 of the aforesaid order dated 03.09.2025
passed in WPMS No.2839 of 2023. The respondents shall
consider the application made by the Committee of
Management on 13.10.2025 for filling up of vacant posts of
Lecturers and Assistant Teachers (LT - Grade), in
accordance with law and necessary order thereon shall be
passed within a period of four weeks from the date of
receipt of a certified copy of this order.
9. As a sequel thereto, the miscellaneous applications,
if any pending, shall stand closed.
___________________
SUBHASH UPADHYAY, J.
Dt: 22nd December, 2025
Sukhbant
SUKHBANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b
SINGH
1885e628615, postalCode=263001, st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C422613
61AED33172F152148D, cn=SUKHBANT SINGH
Date: 2025.12.24 10:26:11 +05'30'
