MADHUSUDAN ARYA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, who claims to be a Headmaster of a private Junior Higher Secondary School known as Janta Higher Secondary School, Kakodakhal, District Rudraprayag. According to the petitioner, he was working as a Headmaster in the said school since 1989, which was subsequently upgraded to Higher Secondary School in the year 1998 and came under grant-in-aid vide order dated 06.10.2006 where the petitioner has been shown as the Headmaster of the said school with two Assistant Teachers L.T. Grade and three Attendants (Paricharak).

(2.) The petitioner is aggrieved by two orders dated 20.12.2013 and 06.01.2014. The order dated 20.12.2013 is the order by which the Committee of Management had passed a resolution to take away the charge of Headmaster from the petitioner, which has now been given to respondent no.8. The order dated 06.01.2014 is of the Chief Education Officer by which the vacancy of Headmaster has to be filled by way of direct recruitment.

(3.) The case of the petitioner before this Court is that he has been performing the duties of the Headmaster in the said school right from the very inception i.e. from the year 1989. In the year 1998, this school was upgraded and since then he has been performing the duties of the Headmaster. Later on, this school came under grant-in-aid in the year 2006. Therefore, categorical assertion of the petitioner would be that he cannot be treated as an officiating Headmaster of the school but as a regular Headmaster.