Uttarakhand High Court
WPMS/2584/2025 on 8 September, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7921
Office Notes,
reports,
orders or
proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and
Registrar's
order with
Signatures
WPMS/2584/2025
Hon'ble Manoj Kumar Tiwari, J.
Ms. Madhu Negi Samant, Advocate for the
petitioner.
2. Mr. Devesh Ghildiyal, Brief Holder for the
State of Uttarakhand / respondent nos. 1 to 3.
3. Mr. Shashank Upadhyaya, Advocate for
respondent no. 5.
4. This writ petition has been filed by Purkal
Youth Development Society, Dehradun, which
runs an educational institution. Petitioner is
aggrieved by a communication dated
28.07.2025, issued by Sub Divisional Magistrate,
Dehradun as Local Citizen Grievance Redressal
Committee, Dehradun. By the said
communication, Sub Divisional Magistrate has
directed the Principal of the institution run by
the petitioner to restore the position, which
respondent no. 6 was enjoying earlier in the
institution. The said communication is
challenged by the petitioner on the ground that
Sub Divisional Magistrate has no jurisdiction to
issue such direction and against termination of
service of a teacher in an unaided school, the
remedy available is to approach the Education
Tribunal constituted in terms of judgment
rendered by Hon'ble Supreme Court in the case
2025:UHC:7921
of T.M.A. Pai Foundation v. State of Karnataka,
(2002) 8 SCC 481.
5. Mr. Shashank Upadhyaya, learned counsel
appearing for Central Board of Secondary
Education submits that as per his instructions,
the affiliation byelaws of CBSE were not followed
while terminating the service of respondent no.
6 and no charge-sheet appears to have been
issued to her. The termination order passed
against respondent no. 6 is on record. The same
was issued on 10.04.2025. The termination
order is extracted below:-
"Ms. Kanchan Dhyani Date: April 10, 2025
Dehradun
Sub: Service Discontinuation with PYDS
Dear Ms. Kanchan
This is with reference to the discussion around your proposed
responsibilities, as well as the issues raised by you in this
respect. Following our recent meeting on April 8, 2025, we
have concerns regarding your lack of trust in the management
of PYDS, and your unwillingness to teach assigned classes.
Also, your conduct during the meeting was in violation of our
Society's norms
As a consequence of the above, we have reached a regretful
decision that at this time we no longer have an option but to
conclude your appointment with PYDS.
In recognition of the long years of service put in by you, the
Society will make you a payment equivalent to two months of
your salary, less any advances taken by you. Upon satisfactory
completion of your exit process, PYDS will also issue you a
Letter of Experience in its normal format, confirming that you
have served and exited in compliance with the rules and
regulations of the Society.
With best wishes,
Anoop Seth
Secretary"
6. Learned counsel for the petitioner submits
that whatever was payable to respondent no. 6,
including two months' salary, has been paid to
2025:UHC:7921
her. She submits that since respondent no. 6
has already been terminated from service,
therefore, the only remedy available to her is to
approach the Education Tribunal and she
approached a wrong forum and the SDM acted
without jurisdiction while issuing the direction.
7. This Court finds substance in the
submission made by learned counsel for the
petitioner. The direction issued by SDM to the
Principal of the concerned institution is outside
the scope of his powers. On this short point
alone, the writ petition is allowed. Impugned
communication dated 28.07.2025, issued by Sub
Divisional Magistrate is set aside. The
respondent no. 6, however, shall be at liberty to
approach the Education Tribunal/District Judge,
Dehradun against termination of her service, if
so advised.
(Manoj Kumar Tiwari, J.)
08.09.2025
Navin
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Date: 2025.09.09 09:51:50 +05'30'
