Uttarakhand High Court
WPMS/1124/2021 on 23 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 23rd DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No.1124 of 2021
BETWEEN:
Neeraj Kumar .....Petitioner
(By Mr. Sandeep Kothari, Advocate)
AND:
Chief Education Officer District Haridwar & Others
.....Respondents
(By Mr. G.S. Negi, Addl. C.S.C. for the State of Uttarakhand)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioner is resident of Village Kudiyala,
Tehsil Bhagwanpur, District Haridwar. Learned
counsel for the petitioner submits that term of
elected Committee of Management of C.M.D. Inter
College Kudiyala expired in the month of
November, 2019 and an Authorized Controller was
appointed to manage the affairs of the said
Institution; however, no steps have been taken by
the Authorized Controller to initiate election
process.
3. By means of this writ petition, petitioner
has sought the following reliefs:-
" i) Issue a writ, order or direction in the nature of
mandamus that the respondent no.3 be directed to
initiate the process for the General Body of CMD
Inter College and (inducting of members)
consequently for Constitution of Committee of
Management of the CMD Inter College and to
handover the charge to duly elected committee of
management."
4. Shri G.S. Negi, learned Additional Chief
Standing Counsel was asked to get instructions in
the matter. Today, on instructions, he submits that
there were total 89 members in the General Body
of the Society, which runs the aforesaid Institution,
out of which 87 were expelled by Chief Education
Officer, on the ground, that they were not validly
inducted as member. He submits that at present
there are only 02 members in the General Body of
the Society, therefore, no election could be held.
He further submits that out of 87 members, who
were expelled from the membership of the Society,
more than 50 persons have filed an appeal, which
is pending before the Director, School Education,
Uttarakhand. He, therefore, submits that election
can be held only when the pending appeal before
the Director is decided.
5. This Court finds substance in the
submission made by Shri G.S. Negi, learned Addl.
C.S.C. Election for constituting Committee of
Management cannot be held when the electoral
college i.e. General Body consists of only 02
members. In such view of the matter, it would be
just and proper to direct the Appellate Authority i.e.
Director, School Education, to decide the pending
appeal filed by the expelled members, as early as
possible, so that election process may be held for
constituting a new Committee of Management, as
per the Scheme of Administration of the concerned
Institution.
6. Accordingly, writ petition is disposed of with
a direction to the Director, School Education,
Uttarakhand to consider and decide the appeal filed
by the expelled members of the General Body of
the Society, which runs the aforesaid Institution, as
early as possible, but not later than four months
from the date of production of a certified copy of
this order. Petitioner shall also be given an
opportunity of hearing while deciding the said
appeal.
(MANOJ KUMAR TIWARI, J.)
Rajni
