Uttarakhand High Court
Smt. Mudita Rawat vs State Of Uttarakhand And Others on 30 June, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1078 of 2025 (S/S)
Smt. Mudita Rawat ..........Petitioner
Vs.
State of Uttarakhand and others ........ Respondents
Present : Mr. C.D. Bahuguna, Senior Advocate assisted by Mr. Chandra
Shekhar Dalakoti, Advocate for the petitioner.
Mr. Narain Dutt, Standing Counsel for the State/respondent nos.1 to
3.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The main challenge in this petition is made to
the impugned order dated 16.06.2025, passed by
respondent no.3, the District Education Officer, Chamoli,
by which, the appointment/candidature of the petitioner
has been rejected and she has been directed to Show
Cause within a week.
2. Heard learned counsel for the parties and
perused the record.
3. Learned Senior Counsel appearing for the
petitioner would submit that an identical issue has been
involved in WPSS No.1067 of 2025, in which, an interim
order has already been passed by the Court.
4. On this aspect, learned State Counsel has also
submitted arguments.
5. The parties were heard at length. At the end,
learned State Counsel submits that since the petitioner
was not given an opportunity of hearing before passing
the impugned order, the matter may be remitted back to
the authority concerned, so that the petitioner may be
afforded an opportunity of hearing and, thereafter, a
reasoned and speaking order may be passed. He submits
that a fresh notice may be given to the petitioner by the
respondent authority within a week from the date of
passing of the order of this Court. He submits that once
the response is filed by the petitioner to the Show Cause
Notice, within next two weeks, a decision shall be taken
on it by the respondents.
6. Learned Senior Counsel appearing for the
petitioner submits that if such an opportunity is given to
the petitioner, prior to it, the impugned order has to be
set aside. He further submits that in response to the
Show Cause Notice that may be given to the petitioner by
the respondents, the petitioner may be given liberty to
raise all the defences, that are available to him.
7. The Court takes on record the statement given
by the learned counsel for the parties.
8. By the impugned order, the
appointment/candidature of the petitioner has been
cancelled and, thereafter, he was given a Show Cause
Notice. Apparently, the impugned order has been passed,
in defiance to the principles of natural justice. It is the
case of the petitioner that she had already been appointed
as Assistant Teacher; she was functioning and suddenly,
by the impugned order, her candidature/appointment has
been cancelled.
9. In view of the statement given by learned State
Counsel, the impugned order is set aside. The
respondents shall give a Show Cause Notice to the
petitioner within a week. Within two weeks, thereafter,
the petitioner shall submit his response to the Show
Cause Notice raising all the defences available to him and,
thereafter, in the next two weeks, the matter may be
decided.
10. With the above observations, the petition
stands disposed of.
(Ravindra Maithani, J.)
30.06.2025
Sanjay
SANJAY
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
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KANOJIA
postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255D
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40699, cn=SANJAY KANOJIA
Date: 2025.07.01 18:06:46 +05'30'
