Uttarakhand High Court
State Of Uttarakhand And Others ... vs Maya Negi And Others on 5 May, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:3466-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
HON'BLE JUSTICE SRI ASHISH NAITHANI
Special Appeal No. 297 of 2015
State of Uttarakhand and others -Appellants
Versus
Maya Negi and others --Respondents
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Presence:-
Mr. K.N. Joshi, Deputy Advocate General for the State
Mr. Anil Anthwal, Advocate for respondent No. 1
Mr. Anil K. Bisht, Advocate for intervener
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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 State,
challenging the judgment and order dated 03.03.2015,
passed by learned Single Judge in Writ Petition (S/S)
No. 1604 of 2014. By the said judgment,
respondents/writ petitioners' prayer for a writ of
mandamus to the authorities to include her name in the
list of PTA teachers was turned down and writ petition
was disposed of with direction to Director General,
School Education, Uttarakhand, to take necessary
action for filling all available vacancies on the post of
teacher by regular selection, including those which
were occupied by PTA teachers.
2. State challenged the said judgment on the ground
that the provision contained in Section 41 of
Uttarakhand School Education Act, 2006, which
provides for ad hoc status to PTA teachers, was not
considered in the impugned judgment. Section 41 of
Uttarakhand School Education Act, 2006 is reproduced
2025:UHC:3466-DB
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.]"
3. Learned State Counsel further submits that
Section 40 of the aforesaid Act provides for
regularization of appointment of ad hoc teachers. He
refers to provision contained in Section 40(1)(a)(iii),
which 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.]"
Thus, he 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.
4. He further submits that impugned judgment was
rendered by learned Single Judge without considering
the import of the aforesaid provision; therefore, the
impugned judgment is unsustainable in the eyes of law.
5. We find substance in the said submission. The
benefit which statute has provided to PTA teachers
cannot be taken away without dealing with such
statutory provision. In the impugned judgment there is
2025:UHC:3466-DB
no discussion regarding Sections 41 and 40 of
Uttarakhand School Education Act, 2006, therefore,
general direction issued to Director General to fill all
available vacancies on the post of teacher by regular
selection, including the post against which PTA teachers
are serving, is contrary to the statutory scheme.
6. In such view of the matter, the Appeal is allowed
and the impugned judgment is set aside.
7. 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923
c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BA
BA43D2B8F, cn=MAHINDER SINGH
Date: 2025.05.13 10:53:52 +05'30'
