IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 192 of 2011 Committee of Management, CMD Inter College, Hardwar ….…… Appellant. Versus State of Uttarakhand and others ………. Respondents Mr. D.S. Patni, Advocate for the appellant. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State / respondent Nos. 1 to 4. Mr. Ajay Veer Purdir, Advocate for respondent No. 5. Date of Judgment: 01.09.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) An advertisement was published on 13th April, 2010, inviting applications to fill up 12 posts of Assistant Teacher, L.T. Grade and Lecturers. A person responding to the said advertisement was to submit his response with the District Education Officer. In terms of the said advertisement, anyone seeking to respond to the said advertisement could do so on or before 4th May, 2010. On 19th April, 2010, Secretary, Education Department of the Government, by a letter, informed the Director, School Education that selection process for the posts of teacher of aided non- government secondary schools, barring minority institutions, has been stayed with immediate effect till further orders. It appears that on 20th April, 2010, an office order was issued by the State of Uttarakhand, whereby it was directed to withhold selection process in non-government aided institutions. 2. It is the contention of the respondent No. 5, who filed the writ petition, that in view of the orders of the Government, referred to above, after 19th April, 2010, no response to the said advertisement was accepted by the District Education Officer and, accordingly, he was prevented from responding to the said advertisement. This contention appears to have been accepted by the learned Judge, who rendered the judgment and order under appeal, which is, however, an interim measure. 2 3. From annexure 6 to the stay petition, filed with the appeal, it appears that applications, in response to the said advertisement, were received by the District Education Officer since 21st April, 2010 until 4th May, 2010. The District Education Officer, Hardwar has certified, under his own hand, that all the applications, numbering 239, were received by him on or after 21st April, 2010. 4. In those circumstances, it does not appear that the contention of the respondent – writ petitioner, that no application pursuant to the said advertisement was received after 19th April, 2010, is factually acceptable. We, accordingly, interfere with the judgment and order under appeal and set aside the same. We make it clear that in as much as the orders of the Government dated 19th April, 2010 and 20th April, 2010 are no longer impediment for conclusion of the selection, since those orders have been quashed by this Court, it shall be open to the appellant to complete the selection and also to give appointment to the selected candidates, however, subject to the condition that such appointment shall be subject to the final outcome of the writ petition, and in the appointment letters, the same must be indicated, with a further endorsement that such appointment will not accrue any benefit to the appointees in the event the selection process is interfered with by this Court in the pending writ petition. 5. With the order as above, the appeal is disposed of. We make a request to the learned Judge, who will be dealing with the writ petition, to expedite the hearing thereof. (V.K. Bist, J.) (Barin Ghosh, C.J.) 01.09.2011 01.09.2011 Amit