DALBEER SINGH DANU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petitioner, the petitioners have challenged Clause 3 of the impugned decision dtd. 19/12/2023 taken by the Committee headed by Director General, School Education, Dehradun, Uttarakhand (Annexure no.8), whereby a contrary decision to the policy dtd. 23/7/2021 (Annexure no.2) has been taken.

(2.) It is the contention of the learned counsel for the petitioners that pursuant to the aforesaid policy decision, petitioners participated in the selection process for posting in Atal Utkrishta Govt. Inter Colleges. It is admitted to the petitioners that they are already posted as Assistant Teacher, L.T. Grade in the Atal Utkrishta Govt. Intermediate College in different places. The petitioners are aggrieved by the impugned clause of the minutes of meeting, whereby it has been provided that the persons who have already been working with the Atal Utkrishta Govt. Inter Colleges may participate in the counselling, but they will remain in the same colleges and they shall not be posted in other colleges according to their merits.

(3.) The main submission of learned counsel for the petitioners is that once the petitioners have been given opportunity to participate in the selection process of posting of 'Assistant Teacher/Lecturer' in the Atal Utkrishta Govt. Inter Colleges, they cannot be denied posting as per their merit, but the respondent fell in error of law and fact by directing them to remain in the same college.