DR. SMT. PUSHP LATA BISHT W/O SRI KHIMRAJ SINGH BISHT, ASSISTANT TEACHER, L.T. GRADE (HINDI) IN BHARTIYA SHAHEED SAINIK VIDHYALAYA Vs. ADDITIONAL DIRECTOR OF EDUCATION, KUMAON REGION,

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 16.06.2007, passed by respondent No. 1 and consequential order dated 20.06.2007, passed by respondent No. 2, whereby it is intimated that the petitioner's case does not fall within the eligibility criteria fixed for regularization. A mandamus has also been sought commanding the respondent No. 1 giving benefit to the petitioner under Section 5 of Uttarakhand Act No. 4 of 2005 (Uttaranchal Non Governmental Education (Amendment and Repeal) Act, 2005).

(2.) HEARD learned Counsel for the parties and perused the affidavit, counter affidavit, supplementary counter affidavit and rejoinder affidavit filed on their behalf.

(3.) IN the counter affidavit and supplementary counter affidavit filed on behalf of the respondents No. 1 & 2 it has been stated that petitioner's case was duly considered by the Regularization Committee in compliance of order dated 16.06.2006, passed by this Court in Writ Petition No. 6974 of 2001 (S/S), but since the petitioner's appointment in the Institution was without approval of the competent authority as such she was not entitled to regularization. It is stated in the supplementary counter affidavit that petitioner's appointment in the Institution cannot be said to be made in accordance with law as such she is not entitled to the regularization of her services in the L.T. Grade as prayed by her.