IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1521 (S/S) of 2007 Savita Rani W/o Sri Sunil Kumar R/o Asst. Teacher (L.T. Grade) Hari Chand Gupta, Adarsh Kanya Inter College, Rishikesh, District Dehradun. …………………..Petitioner. Versus (1) Education Secretary, Government of Uttarakhand, Dehradun. (2) Director School Education, Uttarakhand, Dehradun. (3) Regional Joint Education Director, Garhwal, Mandal, Pauri Garhwal. (4) District Education Officer, Dehradun. (5) Committee of management, Hari Chand Gupta, Adarsh Kanya Inter College, Rishikesh, Though its Manager. ………..……..Respondents. Sri Ravi Babulkar, Advocate for the Petitioner. Sri N.P. Sah, Standing Counsel, for respondents no. 1 to 4. Sri G.D. Joshi, Advocate, holding brief of Sri Arvind Vashistha, Advocate, for respondent no. 5. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought following reliefs:- “I- Issue a writ, rule, order or direction in the nature of Mandamus 2 commanding and directing the respondents to confer/accord approval of petitioner’s appointment as Assistant Teacher (LT Grade) against OBC quota vacant post in Hari Chand Gupta, Adarsh Kanya Inter College, Rishikesh, w.e.f. the date of her initial appointment dated 12.7.2002 and to pay her the admissible salary of the said post along with the arrears of salary and further keep on paying petitioner’s salary uninterruptedly month by month. II- Issue any writ, rule, order of direction which this Hon’ble court may deem fit and proper under the circumstances of the case. III- Award cost to the petitioner.” (2) Heard learned counsel for the parties. (3) Brief facts of the case, as narrated in the writ petition, are that institution known as Hari Chand Gupta, Adarsh Kanya Inter College, is run by Committee of Management (respondent no. 5). In the year 2002, the Management of College advertised the posts of LT Grade Teachers. Petitioner was one of the candidates for the post of Assistant Teacher (LT Grade) against the Other Backward Caste (OBC) quota. 3 She was selected and appointment was given to her in July 2002. Thereafter, in the year 2003, Management of the College applied to the Government for grant-in-aid and it was taken under the grant in aid w.e.f. 29.03.2005. When the institution was brought in Government grant in aid, there was 22 posts of teaching and non teaching staff, out of which 14 posts were of Assistant Teachers. The appointments were to be made by the Government against said posts with the approval of the District Education Officer, Dehradun. The petitioner was one of the candidates whose case was recommended by the Committee of Management. However, no action is taken on said recommendation. Hence, this writ petition. (4) Respondent no. 5 has filed its counter affidavit and not denied the averments made in the writ petition. However, respondents no. 2 to 4 filed their separate joint counter affidavit, in which it is stated that a Writ Petition No. 1666 of 2006, was filed by one Smt. Babita Agarwal, who was also claiming the approval for appointment against the same post. Due to pendency of said writ petition, the petitioner’s case could not be considered. (5) A supplementary affidavit has been filed on behalf of the petitioner, in which it has been stated that said Writ Petition No. 1702 (S/S) of 2007 (Old No. 1666 (M/S) of 2006), filed by Smt. Babita Agarwal, has now been withdrawn by her on 23rd June 2008, a copy of the order passed by the Court is filed as Annexure 1 to the 4 supplementary affidavit, which shows that said writ petition has been dismissed as withdrawn. (6) In view of said fact, learned counsel for the parties agreed that this writ petition may be disposed of directing the respondent no. 4 to decide the matter, relating to approval of the petitioner in accordance with law. Accordingly, the writ petition is disposed of with the direction to respondent no. 4 District Education Officer, Dehradun, to consider the case of the petitioner for approval of the post of Assistant Teacher (LT Grade) against the category of OBC in the Hari Chand Gupta, Adarsh Kanya Inter College, Rishikesh, in accordance with law. (Prafulla C. Pant, J.) Dt.04.07.2008 NS