Uttarakhand High Court
Ram Baran Yadav vs State Of Uttarakhand And Others on 25 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5358-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Writ Petition (S/B) No. 377 of 2015
Ram Baran Yadav --Petitioner
Versus
State of Uttarakhand and others --Respondents
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Advocates:-
Ms. Jasmeet Kaur, Advocate holding brief of Mr. S.S. Yadav, Advocate for petitioner
Mr. Devendra Singh Bora, Standing Counsel for State of Uttarakhand
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioner was appointed as Lecturer (Physics) in a
Government Inter College on the recommendation of
Uttarakhand Public Service Commission w.e.f. 14.08.1986.
He was promoted as Headmaster, Government High School
in 2011; however, he joined duties as Headmaster on
02.01.2012. In the exercise for promotion to the next
higher post of Principal, Government Inter College,
petitioner's name was not considered for promotion. Thus
feeling aggrieved, petitioner filed this writ petition in 2015,
seeking following reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari
quashing the DPC proceeding dated 28.08.2015 issued by
respondent no.1 (contained as Annexure No.7 to this writ
petition) and further be pleased to quash the promotion order
dated 12.12.2011 which is depicted in the second promotion list
dated 12.12.2011 be modified on the place of 12.12.2011 as
23.07.2011 and provide all the benefit since 23.07.2011 to the
petitioner in all respect.
II. Issue a writ, order or direction in the nature of mandamus
commanding the Respondent no.1 to 3 declare the result of the
DPC proceeding including the name of the petitioner for the
promotion on the post Principal Govt. Inter College of the State
of Uttarakhand.
III. Issue a writ, order or direction in the nature of mandamus
commanding the Respondents to maintain the status quo till the
final disposal of the petition."
2025:UHC:5358-DB
2. Learned State Counsel has produced in Court written
instructions received from Secretary, Secondary Education,
which are taken on record.
3. Perusal of the written instructions reveals that as per
applicable recruitment rules, a candidate who had served on
the feeder post of Headmaster, Government High School for
minimum five years alone was eligible to be considered for
promotion as Principal, Government Inter College. He
submits that State Government ultimately granted
relaxation in qualifying service to the extent of 50 percent
in terms of Rules known as "Uttarakhand Government
Servants Relaxation in Qualifying Service for Promotion
Rules, 2010".
4. He further submits that however the State
Government had decided that only such persons who
assumed charge as Headmaster in a Government High
School on or before 31.12.2011 will be considered for
promotion. He submits that since petitioner assumed
charge as Headmaster on 02.01.2012, therefore he was not
found eligible and his case was not considered for
promotion.
5. We find substance in the contention raised by learned
State Counsel. Since petitioner was not qualified as per
Rules for promotion as Principal and even after grant of
relaxation in qualifying service, he was not coming within
the cut-off date fixed by State Government. Even otherwise
also, at the time of filing of writ petition, petitioner was 58
years of age, thus he would have attained age of
superannuation in 2017.
2025:UHC:5358-DB
6. Thus we do not find any reason to interfere in the
matter, that too at this belated stage. Writ petition fails and
is dismissed.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 25th June, 2025
Mahinder
MAHINDER
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Date: 2025.06.26 19:18:09 +05'30'
