IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 389 of 2008 (S/S) Km. Nirmala Sah D/o Sri Chiranji Lal Sah Assistant Teacher Pindar Pubic Junior High School Tharali, District Chamoli. ......................Petitioner. Versus 1. State of Uttarakhand, through Education Secretary, Uttarakhand District Dehradun 2. Director of Education Uttarakhand Dehradun. 3. Additional District Education Officer (Basic) Camoli. 4. Committee of Management through its Manager, Pindar Public Junior High School Tharali. 5. Dinesh Prasad Kupurwan Presently posted as Head Master Pindar Public Junior High School Tharali. ...............Respondents. Shri B.S. Parihar, learned counsel for the petitioner. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to consider and decide the representation dated 07.03.2008, made by the petitioner (received in the office of Additional District Education Officer Basic, Chamoli on 18.03.2008. 3. Learned counsel for the petitioner submitted that petitioner is a senior most teacher and has a right to be appointed as Head Mistress in the Pindar Public Junior High School, Tharali. However, it is alleged that respondent No. 5- Dinesh Prasad Kupurwan, has been appointed as Head Master in violation of the Rules. 4. Having heard learned counsel for the petitioner and learned Standing Counsel, this writ petition is summarily disposed of directing respondent No. 3 – Additional District Education Officer (Basic), Chamoli to decide the representation dated 07.03.2008, made by the petitioner (received in the officer of respondent No. 3 on 18.03.2008), after giving opportunity of being heard to respondent No. 5 – Dinesh Prasad Kupurwan, within a period of one month from the date of certified copy of this order is produced before said authority. (Stay application No. 3045 of 2008, stands disposed of). (Prafulla C. Pant, J.) Dt. 23.05.2008 Sweeta