PANKAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The question which arises for consideration, in this batch of the Special Appeals, is common. It is whether the amendment made to the 2009 Regulations, by the notification dated 04.01.2017, would apply to selection to the posts of Lecturers and Assistant Teachers (L.T.) in private aided schools, (which, though administered by a Committee of Management, are being extended financial aid by the State Government), for which an advertisement was issued prior thereto; and with respect to which the selection process was underway, at different stages, before 04.01.2017.

(2.) In Special Appeal Nos. 983 of 2018 and 1004 of 2018, applications were invited for appointment to the posts of Lecturers and Assistant Teachers (L.T.); an advertisement was issued on 03.05.2016; and call letters were issued inviting the short-listed candidates to appear in the interview scheduled to be held on 28.09.2016 to fill up 15 posts of Assistant Teachers (L.T. Grade) and two posts of Lecturers. While appointment orders were initially issued on 18.10.2016, with respect to four posts, and with respect to nine other posts on 20.12.2016, interviews could not be held to fill up the remaining four posts (three posts of Assistant Teachers (L.T.) and one post of Lecturer). Fresh call letters were, therefore, issued on 14.03.2007 calling upon the short-listed candidates to participate in the interview.

(3.) While matters stood thus, the Additional Chief Secretary, Government of Uttarakhand informed the Director, Secondary Education of Schools, by his letter dated 29.03.2017, that the selection process, relating to appointment in non-Government aided Schools, was amended pursuant to the Government order dated 04.01.2017; the Chief Education Officers were not making appointment as per the amended regulations, but were following the old procedure which was not appropriate. The Additional Chief Secretary directed that the procedure, for appointment in non-Government Schools, be stopped with immediate effect, and information be given to the Government, along with details of the appointment made since 01.01.2017 till date, and this order should be enforced strictly.