IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 08 of 2010 Vijay Kumar .……… Petitioner Versus District Education Officer, Pithoragarh & Another .………. Respondents Present: Mr. P.C. Bisht, Advocate for the petitioner. Mr. H.M. Raturi, Advocate for respondent no. 1. Mr. Udhyog Shukla, Advocate for respondent no. 2. Date of decision: 11-02-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) Learned counsel for the petitioner, after narrating the sequence of facts pertaining to advertisements issued from time to time (17.01.2010, 29.01.2010 and 06.02.2010) states, that the last advertisement issued by the respondents is in compliance with the statutory rules, in as much as, the educational qualifications stipulated therein (for appointment to the post of lecturer in geography) are correct as per norms. It is, however, submitted, that under the Government Orders issued (as are binding on respondent no. 2) while inviting the applications through an advertisement at least a notice period of 21 days (3 weeks) is mandatory. In so far as the last advertisement issued on 06.02.2010 is concerned, it is pointed out that the eligible candidates were required to submit their application forms within 2 days, i.e. by 08.02.2010, and as such, the aforesaid advertisement is not sustainable in law. Without making any issue of the matter, learned counsel for respondent no. 2 states, that respondent no. 2 shall issue a fresh advertisement in respect of the post of lecturer in geography, allowing adequate time to candidates to respond to the same, which would be in consonance with the Government Order. He further states, that the selection process will be conducted only after compliance with the regulations pertaining to the issue. 2 In view of the statement made by the learned counsel for respondent no. 2, we are satisfied, that the instant writ petition has been rendered infructous. Needless to mention that respondent no. 2 shall not carry out any selection process in respect of post of lecturer in geography in furtherance of the advertisement dated 06.02.2010. As and when a fresh advertisement is issued, the same will be subject to the Government regulations. Dispose of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 11.02.2010 11.02.2010 Amit 3