SUSHMA DAYAL JOHRI Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2012-4-122
HIGH COURT OF UTTARAKHAND
Decided on April 25,2012

Sushma Dayal Johri Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) THE Principal of Arya Kanya Degree College, Almora, retired in the year 2008. It is surprising that, the Managing Committee of the College has not yet supplied the said vacancy, despite four years have gone by. It is also surprising that the officers of the State Government, who are in -charge of looking after the education system of the State, have also not taken any step to compel the Managing Committee to supply the said vacancy permanently, in accordance with the Rules, made by the State Government in that regard. In accordance with the custom, since the petitioner was the senior most teacher, she was asked to discharge the duties of the Principal of the College, as acting or officiating Principal. While, she was discharging such duties, the Committee of Management was called upon by an order of this court to ascertain the reason why another teacher of the College was not getting her salaries. The Committee, rightly or wrongly, opined by submitting a report that it was the petitioner, for whose conduct, salary payable to the said teacher of the College was not being paid. On this finding, the Committee of Management decided to remove the petitioner from the post of acting Principal of the College and, to appoint the next senior most teacher of the College, as the acting Principal of the College. This action on the part of the Managing Committee has resulted in filing of the present writ petition. As aforesaid, for a right reason or for a wrong reason, the Committee of Management has removed the petitioner from the post of acting Principal. If the Managing Committee has done so correctly, then there will be no question of interference in the matter at the instance of the petitioner, but will in such a situation, the court will shut its eyes to the fact that the Managing Committee has not taken any step for four years to permanently solve the matter. In the event, the court is of the view that the Managing Committee was wrong in removing the petitioner from the post of acting Principal of the College, then the court will be bound to pass an order directing restoration of status quo, as was prevalent immediately before the petitioner was removed from the post of acting principal, but even then, the duty of the court will not come to an end, it would in such circumstances, be also required, to direct permanent solution of the matter.
(2.) IN the circumstances, we have decided not to interfere with the matter, but to issue such direction so that the post of the Principal of the said College is supplied permanently by a permanent incumbent in accordance with the Law made by the State. We proceed on the basis and, make it clear that the State has already permitted the College to supply the vacancy in the post of Principal, in accordance with the Rules governing the field. We direct the Managing Committee of the College to put up an advertisement within fifteen days from today seeking response from eligible candidates to supply the vacancy in the post of Principal of the College. It is made clear that, in the advertisement to be published, the eligibility of the candidate must be indicated, which has been reflected in the applicable Rules. We also direct the Managing Committee to constitute such Selection Committee to select, amongst the respondees, the most suitable person, but such Selection Committee shall be constituted in accordance with the mandate contained in the Rules governing the field. We direct the Managing Committee to ensure that the selection process is completed within a period of 45 days from today and, to ensure making of the recommendation by it to the appropriate authority of the Government after completion of selection process. The appropriate authority of the Government is directed to grant or not to grant sanction / approval to such recommendation within a period of fifteen days from the date of receipt of the recommendation. In the event of non grant of approval to such recommendation, the appropriate authority of the State, must direct the Managing Committee of the College to re -comply with the directions as above and, within the time as mentioned above, for making a fresh effort to select a suitable candidate to supply the post of Principal of the College. It is made clear that, in the event, the petitioner has eligibility to respond to the said advertisement, her candidature shall be considered by the Managing Committee and also by the Selection Committee and, while doing so, neither the Managing Committee of the College, nor the Selection Committee shall consider the report on the basis of which the order impugned in the writ petition has been passed or the impugned order, inasmuch as, we have not gone into the veracity thereof. Until then, the present acting Principal shall discharge only the day -to -day duties attached to the office of the Principal of the College and, nothing more.;


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