SANJEEV MASSEY Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) HEARD Mr. Vinod Tiwari, Advocate for the Petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand as well as Mr. Kanwaljit Singh, Advocate for Respondent Nos. 3 and 4.

(2.) THE Petitioner has filed this writ petition with the prayer that Respondent Nos. 3 and 4, who are Manager and Principal of Ferger Junior High School, 51, Rajpur Road, Dehradun respectively be directed to give joining to the Petitioner in compliance of order dated 20.4.2009 which has been passed by District Education Officer, by which the Principal (Respondent No. 4) has been directed that the Petitioner be given joining.

(3.) FROM the perusal of the averments made in the writ petition as well as in the counter affidavit filed by the State as well as by the Management Committee of the School, it appears that both the Management as well as the District Education Officer have not acted in accordance with the law applicable in the matter. The State of Uttarakhand has framed its own Act known as "Uttaranchal School Education Act, 2006" (From hereinafter referred to as the "Act"). In the said Act, under Section 25 a Board has been constituted which has been given power under Section 24 to make regulation and under Section 25 to make byelaws. Sections 24 and 25 of the said Act read as under: