PREMA BHAKT Vs. DISTRICT INSPECTOR OF SCHOOLS, NAINITAL AND OTHERS
LAWS(UTN)-2012-12-170
HIGH COURT OF UTTARAKHAND
Decided on December 18,2012

PREMA BHAKT Appellant
VERSUS
DISTRICT INSPECTOR OF SCHOOLS, NAINITAL AND OTHERS Respondents

JUDGEMENT

- (1.) Restoration application No. 971 of 2012 is allowed being satisfied with the ground made out. Order dated 8th November, 2012 is recalled and the matter is restored on file. Immediately after restoration, the matter is taken up for hearing.
(2.) The writ petitioner in this matter has challenged the selection process of respondent Nos. 3 and 4 and also asked for granting promotion to her to the post of Lecturer (Biology). The fact of the case is as follows:- The respondents college authority decided to fill up four posts in the faculty of Mathematics, Physics, Chemistry and Biology. Out of these four posts, two were sought to be filled up by promotion and rest by direct recruitment. The petitioner is claiming to be appointed to the post of Lecturer (Biology). The respondent No. 3 has been appointed to the post of Lecturer (Mathematic). She has been appointed by way of promotion. I fail to understand why the petitioner has asked for cancellation of appointment of respondent No.3, Smt. Chitra Zina as her claim is not for the said post held by the respondent No.3. Therefore, I hold the petitioner is not aggrieved person so far appointment of respondent No.3 is concerned. I delete the respondent No.3 at the first instance from array of respondent, and the writ petition is dismissed as against her.
(3.) Now, the question is whether appointment of respondent No. 4 is in accordance with Regulations under the Intermediate Education Act and further whether denial of appointment of the petitioner either by way of promotion or otherwise is justified under the Regulation or not.;


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