IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 904 OF 2011 (S/S) Smt. Sampati Kundaliya ……………..Petitioner. Versus Director, School Education and another. .....……… Respondents. Present: Mr. Niranjan Bhatt, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Niranjan Bhatt, Advocate for the petitioner and Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand. The petitioner is presently working as a Head Mistress in a Primary School. She was initially appointed as an Assistant Teacher in a Primary School in the year 1975, and subsequently promoted on the post of Head Mistress in Primary School in the year 1980. Since then she is continuing. She claims that since the post of Assistant Teacher in a Junior High School is 2 equivalent to the post of Head Mistress of Primary School, petitioner may be adjusted on the post of Asstt. Teacher, Junior High School. She has relied upon certain Government Orders read with letter dated 09.02.1996 issued by the Basic Shiksha Parishad indicating therein that vacancy on the post of Assistant Teacher in a senior basic school can be filled up from a Head Mistress or from a Head Master of a Primary school. In view of the U.P. Reorganization Act, 2000 and the definition of “law” contained in the said Act the Government order dated 09.02.1996 being relied upon by the petitioner will have the force of law in the State of Uttarakhand unless there is something contrary to it already passed by the State of Uttarrakhand. The definition of “Law” is given in Section 2(f) of the U.P. Reorganization Act, 2000 which reads as under: “2. Definitions. –In this Act, unless the context otherwise requires,- (a)… (b)… (c)… (d)… (e)… (f) “Law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instruments having immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh.” The petitioner now contends that in view of the said letter dated 09.02.1996, issue by the Secretary, 3 Basic Shiksha Parishad, U.P., the petitioner is willing to be absorbed anywhere in District Uttarkashi as Assistant Teacher in Junior High School. As such, the District Education Officer, Uttarkashi (respondent No. 2) is hereby directed to consider the claim of the petitioner for being absorbed as an Assistant Teacher in a Junior High School in District Uttarkashi. The District Education Officer, Uttarkashi (respondent No. 2) shall take a decision on the representation of the petitioner as expeditiously as possible but in no case beyond a period of six weeks from the date a certified copy of this order is produced before him. However, it is made clear that the aforesaid order will be subject to the fact that such adjustment, as being prayed by the petitioner, is presently been done under a policy in the State of Uttarakhand. The writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 27.07.2011 Negi