WPMS/2657/2021
2021 Latest Caselaw 5076 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 13TH DAY OF DECEMBER, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2657 of 2021
BETWEEN:
Gajadhar Dhyani                                        ...Petitioner
      (By Mr. B.S. Negi, Advocate)

AND:

State of Uttarakhand and others                      ...Respondents
      (Mr. M.S. Bisht, Brief Holder for the State)


                            JUDGMENT

Petitioner has questioned election of respondent no. 10 as Manager of Janta Inter College, Kilbokhal, on the ground that one of his close relative is serving as Class-IV employee in the said institution.

2. Petitioner has relied upon Section 40 (6) of Uttarakhand School Education Act, 2006 which reads as hereunder:-

"Regularization of appointment of ad hon teachers-

(6) Any person will not be eligible for appointment in an Institution, if such teacher was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned.

Explanation- For the purpose of this sub- section, a person shall be deemed to be related to another if -

(d) they are members of a Hindu undivided family; or

(e) they are husband and wife; or

(f) the one is related to the other in the manner indicated in the Second Schedule."

3. This Court is not impressed by the submission made on behalf of the petitioner.

Section 40 (6) of Uttarakhand School Education Act, 2006 prohibits appointment of a person as a Teacher/Employee, if he is related to any Member of the Committee. This is not the case here, here the Uncle of a person already serving in an aided institution has been elected as Manager, therefore, Section 40 (6) of Uttarakhand School Education Act, 2006 cannot be pressed into service for setting aside the election of such person as Manager.

4. In such view of the matter, this Court does not find any reason to interfere with the matter. Accordingly, writ petition is dismissed. However, it shall be open for the petitioner to challenge the election of respondent no. 10 on other grounds available to him, in law.

(MANOJ KUMAR TIWARI, J.) Shubham