Uttarakhand High Court
Prem Prakash Kandpal vs Committee Of Management And Others on 5 May, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:3504-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
HON'BLE JUSTICE SRI ASHISH NAITHANI
Special Appeal No. 336 of 2016
Prem Prakash Kandpal -Appellant
Versus
Committee of Management and others --Respondents
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Presence:-
Mr. Vinod Chandra and Ms. Anamika, Advocates holding brief of Ms. Neetu
Singh, Advocate for the appellant
Mr. K.N. Joshi, Deputy Advocate General for the State
Mr. Yogesh Pacholia, Advocate for the respondents
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. This Intra-Court appeal is filed by writ petitioner,
challenging the judgment and order dated 19.09.2016,
passed by learned Single Judge in Writ Petition (S/S)
No. 1292 of 2012. By the said judgment, his challenge
to order of termination was repelled and his prayer for
writ of mandamus to the authorities to give
compensation to petitioner for unlawful action of
respondent of engaging him as PTA teacher, was turned
down, writ petition was dismissed with direction to
Managing Committee, to immediately notify the
existing vacant teaching posts to District Education
Authorities, for making selection for regular
appointment against them.
2. Appellant has challenged the said judgment on the
ground that the provision contained in Sections 40 and
41 of Uttarakhand School Education Act, 2006, which
provide for certain benefit to PTA teachers, were not
considered. Section 41 of Uttarakhand School
2025:UHC:3504-DB
Education Act, 2006 is reproduced below:-
"41. Ad hoc appointment of Part Time
Teacher/Acting P.T.A. Teachers by Committee of
Management :-
[Such part time teachers/P.T.A. teachers employed
from private sources upto dated 18.10.2011 by the
Managing Committee may be appointed as ad hoc by
the Managing Committee which for the post were
created as per rule at corresponding time, were
completed prescribed qualifications for the relevant
posts, the result, conduct and behavior are best and
the payment of honorarium is admissible from the
Treasury.]"
Section 40 of the aforesaid Act provides for
regularization of appointment of ad hoc teachers.
Provision contained in Section 40(1)(a)(iii) is
reproduced below:-
"[(iii) was appointed on ad hoc basis in lecturer
grade or trained graduate grade on or after 26
January, 2010 against substantive vacancy in
accordance with the provisions of Section 40 of the
Uttarakhand School Education Act, 2006 and hold
prescribed qualification and eligibility against the
post.]"
3. Learned counsel for appellant submits that PTA
teachers, who were given certain benefits under
Sections 41 and 40 of Uttarakhand School Education
Act, 2006, would be denuded of such statutory
benefits, if the impugned judgment is not set aside.
4. He further submits that impugned judgment was
rendered by learned Single Judge without considering
the import of the aforesaid statutory provision;
therefore, the same is unsustainable in the eyes of law.
5. We find substance in the said submission. A
benefit which statute has provided to PTA teachers
cannot be taken away without considering and dealing
with relevant statutory provisions. In the impugned
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judgment, there is no discussion regarding Sections 40
and 41 of Uttarakhand School Education Act, 2006,
therefore, general direction issued to Management
Committee to supply all vacancies, including those held
by PTA teachers, by regular selection, would not be
proper.
6. In such view of the matter, the Appeal is allowed
and the impugned judgment is set aside.
7. The writ petitioner/appellant shall be entitled to
benefit of provisions contained in Section 40 and 41 of
Uttarakhand School Education Act, 2006 only if he is
appointed as PTA teacher against a sanctioned vacant
post before the cut-off date, fixed by State Government
and he is being paid remuneration as Ad-hoc teacher
from public exchequer.
8. Pending application(s), if any, stand disposed of.
_______________________________
MANOJ KUMAR TIWARI, J.
__________________________
ASHISH NAITHANI, J.
Dt: 5th May, 2025
Mahinder
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c
, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BA
BA43D2B8F, cn=MAHINDER SINGH
Date: 2025.05.13 10:54:40 +05'30'
