THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 253 of 2006 (S/B) Gyan Singh Rawat S/o late Sri Maan Singh Rawat, R/o Village Anulath (Vyura) Patra Kalinkakhal (Boongi). District Pauri Garhwal Presently posted as Acting Principal, Janta Intermediate College, Jyundalyun (Gujru) Post Parsoli, District Pauri Garhwal ……… Petitioner Versus 1. State of Uttaranchal through Secretary Education, Government of Uttaranchal, Secretariat, Dehradun, Uttaranchal. 2. District Education Officer, Pauri Garhwal 3. Director Intermediate Education, Government of Uttaranchal, Dehradun 4. Joint Director of Education, Garhwal Division, Pauri Garhwal. 5. Manager, Janta Intermediate College, Jyundalyun (Gajru), Post – Parsoli, District Pauri Garhwal. ……… Respondents ----------------- Sri Sidhartha Sah, Advocate for the petitioner. Sri N.B. Tiwari, Chief Standing Counsel for respondents 1 to 4 None for respondent no. 5. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble J.C.S. Rawat, J. RAJEEV GUPTA, C.J. (Oral) Sri Sidhartha Sah, Advocate for the petitioner. Sri N.B. Tiwari, Chief Standing Counsel for respondents 1 to 4. None for respondent no. 5. They are heard on admission. 2 2. Petitioner Gyan Singh Rawat has filed this writ petition for the following reliefs: “(i) a writ, order or direction in the nature of certiorari to quash the advertisement dated 6.8.06 issued by Respondent no. 5 (Annexure 10 to the writ petition). (ii) a writ, order or direction in the nature of mandamus commanding the Respondents not to proceed with the appointment of Principal of Janta Intermediate College, Jyundalyun (Gujru) Post Parsoli, District Pauri Garhwal. (iii) a writ, order or direction in the nature of mandamus commanding the Respondents to promote the Petitioner on the post of Principal of Janta Intermediate College, Jyundalyun (Gujru) Post Parsoli, District Pauri Garhwal on which he has been serving. (iv) any other suitable writ, order or direction which this Hon’ble High Court may deem fit and proper under the circumstances of the case. (v) to award cost of this Writ Petition to the petitioner.” 3. The petitioner, in substance, is seeking quashing of the advertisement dated 06.08.2006 (Annexure 10) issued by respondent no. 5 - Manager, Janta Intermediate College, Jyundalyun (Gajru) , Post – Parsoli, District Pauri Garhwal, whereby applications have been invited for the post of Principal, Janta Intermediate College, Jyundalyun, Pauri Garhwal. 4. The petitioner’s case is that he, being the senior-most lecturer in Janta Intermediate College, Jyundalyun, took over as Officiating Principal on 01.07.2005 on the retirement of outgoing Principal Sri Narain Singh Rawat, who superannuated on 30.06.2005. 5. The petitioner, banking on the Government Order dated 25.11.2005 (Annexure 11), has pleaded that by virtue of this order those who were officiating as Principal during the period 05.08.1993 to 27.01.2005, were regularized by their appointment as Principal, but the respondents have discriminated between them and the petitioner by prescribing the cut-off date of regularization as 27.01.2005. 3 6. Sri Sah, the learned counsel for the petitioner could not point out any illegality in the recruitment process vide Advertisement - Annexure 10. 7. The learned counsel, however, submitted that the petitioner’s entire claim in the writ petition is based on the plea that the respondents have discriminated between those persons who were officiating as Principal during the period 05.08.1993 and 27.01.1995 and the petitioner who took over as Officiating Principal on 01.07.2005. 8. As the impugned Advertisement dated 06.08.2006 (Annexure 10) is not shown to be against the provisions of any Act, Rules, Regulations and the Government Orders, the reliefs sought by the petitioner in the writ partition cannot be granted. So far as the petitioner’s plea about the so called discrimination in prescribing the cut-off date is concerned, suffice it to say that in every exercise of regularization, a cut off date is required to be prescribed and there is nothing unusual in prescribing the cut-off date as 27.01.2005 in the Government Order dated 25.11.2005 (Annexure 11). 9. The writ petition, therefore, is liable to be dismissed and is hereby dismissed summarily. 10. Consequently, CLMA No. 10242 of 2006 also stands dismissed. (J.C.S. Rawat, J.) (Rajeev Gupta, C.J.) 14.08.2006 14.08.2006 A