Uttarakhand High Court
Committee Of Management ... vs State Of Uttarakhand And Others on 27 December, 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition M/S No. 1885 of 2021
Committee of Management K.L.D.A.V
Inter College Roorkee, District Haridwar ......Petitioner
Versus
State of Uttarakhand and others ....Respondents
Present:
Mr. Parikshit Saini, Advocate for the petitioner.
Mr. Narain Dutt, Brief Holder for the State.
Mr. Rakesh Thapliyal, Senior Advocate assisted by Mr.
Ananya Thapliyal, Advocate for the respondent no.5.
With
Writ Petition M/S No. 2086 of 2021
Atul Kumar ......Petitioner
Versus
State of Uttarakhand and others ....Respondents
Present:
Mr. Rakesh Thapliyal, Senior Advocate assisted by Mr.
Ananya Thapliyal, Advocate for the petitioner.
Mr. Narain Dutt, Brief Holder for the State.
Mr. Parikshit Saini, Advocate for the respondent no.5.
JUDGMENT
Hon'ble Ravindra Maithani, J.(Oral)
Both these petitions relate to the functioning of
the Committee of Management K.L.D.A.V. Inter College,
Roorkee, District Haridwar. The issue is common,
therefore, both these petitions are decided by this
judgment.
2. The K.L.D.A.V. Inter College is run by the
Management Committee (for short, "the MC"). The term of
the MC was to expire in the month of September, 2020,
but due to COVID-19 pandemic, a request was made by
the MC to the respondent no.4, the Chief Education
Officer (for short, "the CEO"), Haridwar seeking further
time to conduct the election of new MC. Six months time
was extended on 21.09.2021 and further on 01.03.2021
by the CEO for conducting the election of the MC.
Subsequently, the elections were notified and were
scheduled to be held on 19.09.2021. But, in between, the
CEO, based on a complaint directed that further process
for conducting the election be stopped. This was done by
the CEO by his communication dated 08.09.2021. This
order dated 08.09.2021 is impugned in WPMS No. 1885 of
2021.
3. In WPMS No. 2086 of 2021, the petitioner has
challenged the orders dated 21.09.2020 and 04.03.2021
passed by the CEO, by which, six months' time was
extended twice for conducting election of the MC.
4. Heard learned counsel for the parties and
perused the record.
5. In WPMS No. 1885 of 2021, the learned counsel
for the petitioner would submit that in view of COVID-19
pandemic situation, the CEO extended the time for
election. Accordingly, the election was notified and
conducted under the directions of this Court also.
Therefore, the order dated 08.09.2021, passed by the
CEO for not proceeding with the election, is bad in the
eyes of law and the same is liable to be quashed.
6. On the other hand, learned senior counsel
appearing for the petitioner in WPMS No. 2086 of 2021
would submit that statute provides three years' term for
the MC and the scheme of administration of the college
also provides three years' term. It is argued that this term
cannot be extended in any circumstances and, in fact, it
has never been extended. What was extended was the
time for conducting the election. Therefore, order dated
21.09.2020 and 04.03.2021 passed by the CEO are liable
to be quashed.
7. Learned State counsel would submit that, in
fact, based on a complaint, the CEO has directed that the
process for conducting the election be stopped and
further CEO had requested the Additional Director
concerned to appoint the Authorised Controller. It was
done on 13.09.2021. But, in between, the petitions were
pending in the Court, therefore, the Additional Director
directed could not take a decision on the appointment of
Authorised Controller.
8. During the course of hearing, learned counsel
for the parties are agreeable that the Authorised
Controller may be appointed by this Court with the
direction to complete the election of the MC within a
stipulated time.
9. In view of the suggestions made by learned
counsel appearing for the parties, the writ petitions may
be disposed of with the direction to the Additional
Regional Director, Secondary Education, Garhwal
Mandal, Pauri Garhwal to appoint the Authorised
Controller within a given time with further direction that
the Authorised Controller, so appointed, shall ensure
that the election of new Management Committee of
K.L.D.A.V. Inter College is completed within a specified
period.
10. The writ petitions are disposed of with the
direction to the Additional Regional Director, Secondary
Education, Garhwal Mandal, Pauri Garhwal that he shall
appoint the Authorised Controller within a period of two
days from today. The Authorised Controller shall ensure
that the election of new Management Committee
K.L.D.A.V. Inter College Roorkee, District Haridwar is
conducted within a period of four weeks from today.
11. The Authorised Controller shall refrain from
taking any decision with regard to Management
Committee except decisions on the matters which are
urgent and necessary to run the college.
(Ravindra Maithani, J.)
27.12.2021
Jitendra
