STATE OF UTTARAKHAND Vs. UDAIRAJ HINDU INTER COLLEGE

JUDGEMENT

(1.) The State of Uttarakhand has challenged the legality of the order dated 28.07.2017, passed by the learned Single Judge, in Writ Petition (M/S) No.2340 of 2014, whereby the learned Single Judge has allowed the writ petition filed by the Committee of Management of Udairaj Hindu Inter College and others, and has directed the District Education Officer to accord approval to the appointment of persons for the Class IV posts. For the sake of convenience, the parties shall be referred to as arrayed in the writ petition.

(2.) The brief facts of the case are that the Committee of Management of Udairaj Hindu Inter College, and the BSV Inter College, the petitioner Nos.2 and 4 respectively, are managed by the Committee of Management, the petitioner Nos.1 and 3. The Inter Colleges are situated in Kashipur and Jaspur in District Udham Singh Nagar. Both the colleges have several posts of class IV employees which were lying vacant. Therefore, the Committee of Management sought the permission from the respondent-department for filling up the said vacant posts.

(3.) According to the petitioners, on 14.09.2011, the Director of School Education, the respondent No.2, directed all the District Education Officers to start the recruitment process for filling up the vacant posts, except the post of Principal, by direct recruitment in the aided institutions. Subsequently, by letter dated 24.10.2011, the District Education Officer, Udham Singh Nagar, also informed all the aided institutions to commence the recruitment process for filling up the vacant posts. Consequently, by letter dated 02.11.2011, Udairaj Hindu Inter College, the petitioner No.2, sought approval for filling up seven vacant posts of Class IV, from the District Education Officer. By letter dated 22.11.2011, the respondent No.4 granted the requisite permission to the Committee of Management for the said College. Resultantly, on 24.11.2011, the College advertised the vacancies for Class IV posts in two daily local newspapers, and invited applications from the eligible candidates. In the said advertisement, it was clearly mentioned that the interview would be held on 18.12.2011.