IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 285 of 2011 Committee of Management Swami Satyamitranand Giri Intermediate College, Haripur Kalan, Raiwala, District Dehradun through its Manager Shri Gabar Singh Rana Haripur Kalan, Raiwala, District Dehradun. ….……. . Appellant Versus 1. State of Uttarakhand through Secretary, Education Office at Civil Secretariat, Dehradun, District Dehradun. 2. Director Education, School Education, Uttarakhand, Mayur Vihar, Dehradun. 3. District Education Officer, Dehradun, District Dehradun. 4. Ish Pal S/o Ghaseetu Singh, R/o Himalayan Colony, Haripur Kalan Raiwala, District Dehradun. ............... Respondents Present: Mr. Parikshit Saini, Advocate for the appellant. Mr. V inay Kumar, Standing Counsel for the State/ respondents. Mr. Tapan Singh, Advocate for respondent No.4. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date : 20th December, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) By the judgment and order under appeal, appellant has been restrained from conducting interview pursuant to the advertisement dated 8th December, 2009. The reason in support thereof, as furnished in the judgment and order under appeal, is that in accordance with Regulation 17 framed under the Uttarakhand School Education Act, 2006, an advertisement for filing up the posts of teachers in the appellant-institution was required to be published in a Hindi newspaper as also in an English newspaper, and that, no advertisement has been published in any English newspaper. According to appellant, the said Regulation does not apply to the appellant inasmuch as the said Regulation deals with 2 minority institutions and the appellant is not a minority institution. Be that as it may, unless it is held that publication in English newspaper is mandatory and not directory because an advertisement was not published in an English newspaper, we are afraid to hold, no prima facie opinion could be expressed as regards success of the petitioner in the writ petition. 2. We, accordingly, interfere with the order under appeal and set aside that part of the order, by which the appellant has been restrained from taking steps to conduct interview pursuant to the advertisement dated 8th December, 2009. We, however, make it clear that the selection shall not be completed and appointment letters shall not be issued without leave of the writ Court. We request the writ Court to decide the writ petition at an early date and preferably before the closure of the Court in view of the ensuing winter vacation. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 20.12.2011 20.12.2011 P. Singh