1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ petition no. 547 of 2009 Dinesh Kumar Gairola ………… Petitioner Versus Chairman, B.H.E.L. Educational Management Board and another. ………Respondents Hon’ble Tarun Agarwala, J. Heard Sri I. P. Gairola, the learned counsel for the petitioner and Sri I. P. Kohli, the learned counsel for the respondents. The petitioner alleges that he has been teaching Commerce in B.B. Senior Secondary School, Sector-IV, which is an institution managed by B.H.E.L. Educational Management Board and has been directed to teach the students another subject in the second shift. The present petition has been filed by the petitioner alleging that there is no Commerce class in the second shift and therefore, the management should be directed to shift him in the first shift, where he could teach Commerce to the students or in the alternative he should be shifted in any other school, where Commerce classes are being taught. Necessary details are lacking in the writ petition as to whether the petitioner was appointed only to teach Commerce classes or was also to teach any other subject in the school. Further, it is not clear that whether there is a policy of the respondents to transfer a teacher from one institution to another institution. This court, in the absence of any rule being placed before the court, is not in a position to issue any direction, especially when the court finds that a writ against the respondents could also not be maintainable and it is doubtful as 2 to whether the respondents is an instrumentality of the State under Article 12 of the Constitution of India. However, without going into this controversy, I dispose of this writ petition directing the petitioner to make an appropriate representation before the respondent concerned. If such a representation is made, the respondent concerned is directed to decide the representation by passing a reasoned and speaking order within three months from the date of the production of a certified copy of this order. (Tarun Agarwala, J.) Dated: 11.3.2010 Nishant 3