MAHIPAL SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was appointed as Lecturer (Physics) in a government aided intermediate college, namely, Janta Inter College, Jakheti, District Pauri Garhwal vide order dtd. 8/1/2007. Post of Principal in the said college fell vacant on 31/3/2014 on account of superannuation of the regular incumbent. Petitioner was given officiating charge as Principal w.e.f. 1/4/2014. Subsequently, the process for regular selection on the post of Principal of the concerned College was initiated by issuing Advertisement dtd. 22/11/2014.

(2.) In this writ petition, petitioner has challenged the order dtd. 24/1/2023 issued by Additional Director of Education, Pauri, where by three Subject Experts were nominated for holding select ion for the post of Principal. Petitioner has also challenged the entire selection process, which was initiated pursuant to Advertisement dtd. 22/11/2014.

(3.) It is cont ended by learned counsel for petitioner t hat since petitioner was the senior - most Lecturer in the concerned Institution on the date when the post of Principal fell vacant , therefore, he was entitled to be appointed as Downgrade Principal, and upon completion of five years' service as Downgrade Principal, petitioner is entitled to be regularly promoted as Principal, with all monetary benefits. Therefore, according to him, selection process, initiated vide Advertisement dtd. 22/11/2014, is unsustainable in the eyes of law and the same is in derogation of the right created in favour of the petitioner by Regulation framed under Sec. 18 of the Uttaranchal School Education Act , 2006.