Uttarakhand High Court
WPSS/786/2025 on 4 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:9752
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS 442/2025
With
WPSS 786/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Sandeep Kothari, Advocate for
the petitioner in WPSS/442/2025.
Mr. Vijay Bhatt and Ms. Mamta
Bhatt, Advocate for the petitioner in
WPSS/786/2025.
Mr. Ganesh Datt Kandpal, Deputy
AG, for the State.
(2) Since dispute involved in both the
writ petitions is one and same, therefore
these are being decided together by this
common judgment.
(3) Petitioners were initially appointed
as PTA Teacher against sanctioned vacancy
on the post of Lecturer in a government
aided institution w.e.f. 26.2.1996; they
were given ad hock status of Lecturer w.e.f.
1.7.2009 and their services were
regularised on the post of Lecturer w.e.f.
17.11.2015. The Committee of
Management determined the seniority of
lecturers serving in the said institution, in
which Rajesh Prasad Dangwal (petitioner in
WPSS/786/2025) has been placed at serial
no. 1, while Soukar Singh Rawat (petitioner
in WPSS/442/2025) has been placed at
serial no. 2 by treating him to be junior to
Rajesh Prasad Dangwal. The post of
Principal in the concerned school had fallen
vacant on 31.3.2025 and charge of the said
post was given to Rajesh Prasad Dangwal
by virtue of his position in the seniority list.
However, pursuant to an interim order
passed in WPSS/442/2025 on 4.4.2025 by
coordinate Bench of this Court, charge of
2025:UHC:9752
officiating Principal was given to Soukar
Singh Rawat.
(4) Learned State Counsel points out
that determination of seniority made by the
Committee of Management is appealable
before the Regional Additional Director of
Education. He submits that if Soukar Singh
Rawat has any grievance against
determination of seniority, as made by
Committee of Management, then he should
have approached the appellate authority.
(5) This Court finds substance in the
said submission. Since Rajesh Prasad
Dangwal has been placed on top of
seniority list, therefore, Soukar Singh
Rawat cannot hold charge of officiating
Principal any more. However, having regard
to the facts and circumstances of the case,
writ petitions are disposed of with liberty to
Soukar Singh Rawat to file appeal before
the appropriate authority in the
department. If he files appeal within ten
days from today, decision thereupon shall
be taken within four weeks thereafter. Only
for a period of three weeks, status quo as
regards charge of officiating Principal of the
concerned institution shall be maintained.
(6) It goes without saying that all
persons likely to be affected by the decision
to be taken on appeal of Soukar Singh
Rawat shall also be heard by the appellate
authority.
(Manoj Kumar Tiwari, J.)
4.11.2025
Pr
PRABODH KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503,
postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195
7BE53, cn=PRABODH KUMAR
Date: 2025.11.04 17:24:21 +05'30'
2025:UHC:9752
