SOMPRAKASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Dr. Kartikey Hari Gupta, learned counsel for the petitioner and Mr. B.S. Parihar, learned Standing Counsel for the State Government and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondents to approve appointment of the petitioner in the post of Principal, Inter-college, Kanadakhal Langoor by approving the Management Committee's proposal dtd. 28/9/2018 in compliance with the amended second proviso to Rule (2)(1) of the Uttarakhand School Education Council Regulations, 2009, as amended on 25/4/2018.

(3.) The petitioner had earlier invoked the jurisdiction of this Court by filing Writ Petition (S/S) No. 79 of 2019, wherein he had sought a direction to the respondents to issue a letter of approval/deemed approval of the Management Committee's proposal dtd. 28/9/2018 in compliance with Chapter 2(2)(d) of the Uttarakhand School Education Council Regulations, 2009, as amended by the Regulations dtd. 25/4/2018. A Division Bench of this Court, after taking note of the contentions, held that they were not inclined to express any opinion as to whether the petitioner must be deemed to have been appointed as a Principal, merely because the proposal made by the Committee of Management, for his appointment as a Principal, was not rejected within one month of its receipt by the Additional Director, more so as the writ petition was being disposed of, with the consent of the learned counsel on either side, at the stage of admission. The writ petition was disposed of directing the Additional Director, School Education to pass orders on the proposal submitted by the Committee of Management, for appointment of the petitioner as the Principal of the Inter-College Kandakhal (Langoor), Pauri Garhwal, within three weeks from the date of receipt of a certified copy of the order.