Committee Of Managem... v. Secretary Department...

Manoj K. Tiwari, J.:— Heard learned counsel for the parties through video conferencing.

2. This writ petition has been filed by Committee of Management, Public Inter College, Dangidhar, District Pauri Garhwal seeking following relief:

“I. Issue Writ, order, or direction in the nature of Mandamus Commanding the Respondent No. 4 to grant the Approval on the list of Newly Inducted members annexed as Annexure no…to this writ petition.”

3. According to the petitioner, it has inducted new members of the Society, which runs Public Inter College, Dangidhar, after issuing an advertisement inviting applications in Hindi Newspaper “Shah Times”.

4. The Chief Education Officer, Pauri Garhwal had declined to grant approval to the list of newly inducted members on the ground that the newspaper, whereby applications were invited, does not come within the category of widely circulated newspaper.

5. In para 6 of the counter affidavit filed on behalf of respondent nos. 2, 3 & 4 also this defense is taken that since the advertisement was not published in any widely circulated newspaper, therefore, the list of newly inducted members, cannot be approved.

6. Learned counsel for the petitioner has drawn attention of this Court to the letter issued by Chief Education Officer, Pauri Garhwal to Regional Additional Director, Secondary Education, Pauri Garhwal on 20.08.2020, which has been enclosed as Annexure-3 to the supplementary affidavit dated 05.09.2020 filed by the petitioner.

7. Based on the said document, learned counsel for the petitioner submits that Hindi Newspaper “Shah Times” has now been included in the list of widely circulated newspapers. He, therefore, submits that the Chief Education Officer be directed to take decision in the matter of approval to the list of newly inducted members, in the light of the aforesaid letter dated 20.08.2020.

8. Learned Brief Holder appearing for the State has no objection if the writ petition is disposed of by directing the Chief Education Officer, Pauri Garhwal to take decision in the matter.

9. Accordingly, writ petition is disposed of with a direction to Chief Education Officer, Pauri Garhwal to consider the matter in the light of letter dated 20.08.2020 and take appropriate decision, in accordance with law, as early as possible, preferably, within four weeks from the date of production of certified copy of this order.