Uttarakhand High Court
Surendra Kumar Sahgal vs State Of Uttarakhand And Others on 13 August, 2013
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
WRIT PETITION (S/S) No. 574 of 2013
Surendra Kumar Sahgal .............Petitioner
Versus
State of Uttarakhand and others .........Respondents.
Present : Mr. Shivanand Bhatt, Advocate for the petitioner.
Mr. Subhash Upadhyay, Standing Counsel for the State of
Uttarakhand.
Mr. A.V. Pundir, Advocate for respondent no. 3.
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Mr. Shivanand Bhatt, Advocate present for the petitioner.
2. Mr. Subhash Upadhyay, Standing Counsel present for the State of Uttarakhand.
3. Mr. A.V. Pundir, Advocate present for respondent no. 3.
4. In this case, inter alia, the post of Lecturer (Mathematics) was advertised by a grant in aid school. The education authorities had forwarded the names of 7 candidates who had to be called for the interview on 7.4.2013, however, in the first interview only 3 candidates turned up. According to the petitioner, the interview did take place on 7.4.2013 but for wholly extraneous reasons, the interview was cancelled on the ground that one of the candidates was not present with her documents, which was a mandatory condition and thereafter the second interview was fixed on 26.5.2013.
5. Meanwhile, the petitioner filed the present writ petition saying that once three candidates were present, the interview had to take place and the date for second interview could have only been fixed if less than three candidates were present. This requirement is given Regulation 10 (d) of Regulations of 2009 framed under Section 24 of Uttarakhand School Education Act, 2006, which reads as under :
2"In case the number of candidates for interview remains less than 03, then the interview will be cancelled and for this another date will be fixed after informing all the candidates."
6. By an interim order of this Court, the petitioner was given a liberty to appear in the second interview fixed on 26.5.2013. The petitioner appeared in the second interview, however, the result of the same has not been declared as yet.
7. After hearing learned counsels for the parties, it transpired that the marks given to each of the candidate must be perused by this Court.
8. Learned State Counsel shall produce the entire record pertaining to the interview held on 26.5.2013 for the post of Lecturer (Mathematics) before this Court in a sealed cover on the next date of listing. They shall also produce the records pertaining to the proceedings on 7.4.2013 as the petitioner, alleged that interviews were indeed held on this date.
9. In compliance of earlier order of this Court dated 31.7.2013, the Block Education Officer, Bhagwanpur, district Haridwar is present before this Court along with the entire documents. Documents have been perused. Learned Standing Counsel shall keep the documents in his custody, however, the personal presence of Block Education Officer, Bhagwanpur, District Haridwar shall not be required on the next date of listing.
10. List this matter on 21.8.2013 in the daily cause list. Manager of the Committee of Management, National Inter College Bhalsawagaj, district Haridwar shall also be present in person on the above date of listing.
(Sudhanshu Dhulia, J.) 13.8.2013 Avneet