NITIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred the present Writ Petition seeking quashing of the advertisement dtd. 15/12/2021, whereby the respondents have advertised the post of Principal in the respondent no. 4 intercollege, for filling up the same by direct recruitment. The petitioner seeks a mandamus that he should be appointed to the post of downgraded Principal, rather than the post being filled up by appointment of a Principal through direct recruitment.

(2.) The case of the petitioner is that, being the senior-most Assistant Teacher L.T. Grade (Hindi), he was appointed as the In-charge Principal of the respondent-Institution upon retirement of the erstwhile Principal on 31/3/2020. Since then, he has been serving in that capacity. The petitioner is aggrieved by the fact that the respondent-Institution has issued the advertisement on 15/12/2021 inviting applications to fill up the post of Principal of the respondent-Institution.

(3.) The submission of the learned counsel for the petitioner is that the post of Principal can be filled up either by promotion, or by direct recruitment. He has drawn the attention of the Court to Regulation 2(1) of the Uttarakhand School Education Regulations, 2009 (as amended), which stipulates minimum ten years service in ordinary grade, and that the candidate should have also received the selection grade for becoming eligible for appointment as the Principal. Admittedly, the petitioner does not satisfy either of these conditions.