The petitioner, a PTA teacher, sought regularization in a college being provincialized. The Court held the appointment was irregular, lacked advertisement, and had no state funding, negating vested rights. Relying on a prior judgment dismissing identical claims, the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPSS No.1221 of 2014 Hon’ble Sudhanshu Dhulia, J.
Mr. Naveen Tiwari, Advocate present for the petitioner.
Mr. Vikas Pandey, Brief Holder present for the State of Uttarakhand/respondent Nos. 1 to 3.
Mr. Subhash Upadhyay, Advocate present for the respondent No.4.
Rejoinder affidavit filed in the Court today is taken on record.
The petitioner is working as Parent Teacher Association Teacher (from hereinafter referred to as the “PTA Teacher”) in an inter college, Salonj District Almora, though under grant-in-aid private college. This college is going to be provincialized. Petitioner claims to be regularized in the said college.
The petitioner alleges that he has been teaching for long years and, therefore, while considering the absorption of existing teachers in the newly provincialized institution, his service ought to have also been considered. This argument of the petitioner stands on very week footing. The appointment of the petitioner is an appointment, which is not a regular appointment. Moreover, the initial appointment of the petitioner is without any advertisement of vacancy or calling for applications from the eligible candidates. He was appointed as PTA Teacher and initially his salary was not being funded by the State exchequer but only from the funds of the institution. Hence the petitioner in any case has no vested right for absorption.
Learned State counsel states that the relief sought by the petitioner cannot be granted as the similar controversy has already been decided by this Court in WPSS No.726 of 2014 and connected WPSS No.1025 of 2014, vide judgment and order dated 05.11.2014 in which the claim of the petitioner was rejected by this Court.
In view thereof, this writ petition is devoid of merit, it is hereby dismissed.
No order as to costs.
2 issues framed by the court
Whether a petitioner claiming regularization in a provincialized college has a vested right to absorption given that the initial appointment was non-regular and without advertisement.
Whether a similar controversy regarding the same claim has already been decided by this Court.
Colour shows how this judgement treated each authority
same case referenceDistinguished¶8
WPSS No.726 of 2014 and connected WPSS No.1025 of 2014
Petitioner (PTA Teacher)
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
