MADAN MOHAN KOTHARI Vs. STATE OF UTTARANCHAL AND OTHERS
HIGH COURT OF UTTARAKHAND
Madan Mohan Kothari
State of Uttaranchal and others
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(1.) The petitioner was working as an L.T. grade teacher in a grant-in-aid private school, namely, Janta Inter College, Ramardang, District Pauri Garhwal since 1.1.1989. In the year 1996, the said school was upgraded to the Intermediate College. On 16.8.1997, the petitioner joined the substantive post of Lecturer (Hindi) in the said college and since then he is continuing as such.
Thereafter, an advertisement was issued by the respondents on 8.3.2006 inviting application from the eligible candidates, inter alia, for appointment to the post of Lecturer (Hindi). It is this advertisement which has been challenged by the petitioner by means of present writ petition.
(2.) A learned Single Judge of this Court had passed the following order on 4.4.2006, which reads as under:-
"Heard Sri Pankaj Purohit, learned counsel for the petitioner, learned standing counsel for respondent no. 1 to 3 and Sri B.D. Upadhyay, learned counsel for respondent no. 4 and 5.
Learned counsel for the respondents prays for and is granted three weeks' time to file counter affidavit.
Any appointment made in pursuance to the advertisement dated 08.03.2006 for the post of Lecturer (Hindi) in Janta Inter College, Ramar Dang, District Pauri Garhwal shall be subject to the decision of the writ petition."
(3.) It has been brought to the notice of the Court that the petitioner is still continuing as a Lecturer (Hindi) and no selection or appointment has been made by the respondents on the post of Lecturer (Hindi). In fact after filing of the writ petition, the State of Uttarakhand has come up with its own Education Act known as "the Uttaranchal School Education Act, 2006" (from hereinafter referred to as the Act). The petitioner has relied upon Section 40 of the Act. The precise provision of law which the petitioner relies upon is Section 40 (1) (a) (iii) which reads as under :-
"40. Regularization of appointment of ad hoc teachers (1) Any such teacher shall be appointed in a substantive capacity, who
(iii) was appointed by promotion or by direct recruitment in lecturers grade or trained graduate on or after August 7, 1993 but not after January 26, 2005 against substantive vacancy in accordance with the provision of section 18 of the Uttar Pradesh Secondary Education Services Selections Boards Act, 1982 (as applicable in the Uttaranchal).;
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