JAI PRAKASH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court is a Lecturer in a grant-in-aid private intermediate college, namely, K.V. Inter College, Haridwar. The petitioner is presently functioning as an Officiating Principal in the said college/institute. The Chief Education Officer by an order dated 09.10.2014 issued an advertisement for the post of Principal by way of direct recruitment. This order has been challenged by the petitioner in the present writ petition. The said advertisement has been stayed by this Court vide order dated 13.01.2015.

(2.) According to the petitioner, in an earlier round of litigation, which was filed by respondent No. 6 - Rampal Singh Sahgal for seeking officiating charge of Principal in the said college/institute, this Court disposed of the same vide order dated 11.08.2014 (in WPSS No. 105 of 2013). This Court while disposing of the said writ petition filed by respondent No. 6 passed following order:-

(3.) What is now being argued before this Court by the petitioner as well as respondent No. 6 is that wrong interpretation of the order (referred above) has been made by the authority concerned. Therefore, now the process to fill up the post of Principal by way of direct recruitment has been initiated by the authority concerned. Whereas the only direction of this Court to fill up the post of Principal "in accordance with law". In accordance with law would mean first it must be seen whether any eligible teacher can be promoted, it is submitted by the petitioner.