KRISHAN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, following prayer has been made by the petitioners:

(2.) Brief facts of the case are that the petitioners are working as Head Master, Assistant Teachers, clerk and peon in the education department in different posts in the Gramin Vidhya Niketan, Junior High School, Mannakhedi, District Haridwar, which is a Grant-in-Aid School. The Government of Uttarakhand on 04.03.2014 took a decision to grant a total 11 numbers of schools the status of grant-in-aid institutes. The name of the petitioners' institute was placed at serial no.3 in the list of schools which came under the purview of the Grant-in-Aid. After being accorded the sanction and status of grant in aid institution by the State Government some unknown persons made complaint to the Director, Elementary Education with regards to anomalies in school and raised objections on granting status of grant-inaid. After receiving the said complaint, the Chief Education Officer submits a 13 point report in regard to brining of Gramin Vidya Niketan within purview of Grant in aid. In pursuance of the order of the Director, the Chief Education Officer appointed the District Education Officer to submit the 13 pointer report, who after making a field visit in the school premises and after checking of the records submitted its detailed report to the Chief Education Officer on 13.08.2014, who in turn forwarded the same alongwith its letter to the Director Elementary Education on 21.01.2015.

(3.) It is contended that in the report dated 13.8.2014 submitted by the District Education Officer, it is made clear that no anomalies were found by the District Education Officer on all of the 13 points upon which the enquiry was ordered by the Director. In point 2(1) of the report it was specifically clarified that prior to taking of the school in purview of Grant in Aid the present petitioners were appointed against the sanctioned post as name of the petitioners have been mentioned in the said report. It is alleged that the said report was submitted by the District Education Officer and there is no reason to disbelief the same as it was never challenged at any forum. Thus, it is clear that the petitioners were working against the sanctioned post and on these sanctioned posts the petitioners were brought under the purview of Grant-in-Aid and, as such, the institute fulfilled all the regulations which were needed to get such status.