WPMS/562/2021
2021 Latest Caselaw 4513 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
          ON THE 11TH DAY OF NOVEMBER, 2021
                                BEFORE:
        HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 562 of 2021

 BETWEEN:
        Smt. Dev Kumari Singh.                            .....Petitioner
        (By Mr. Subhash Upadhyay, Advocate)


 AND:
        State of Uttarakhand & others.                ....Respondents
        (By Mr. T.S. Phartiyal, Addl. Chief Standing Counsel for the State of
        Uttarakhand)



                             JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, she was elected as Manager of Kishan Inter College, Lalpur, District Udham Singh Nagar. She has challenged the order dated 31.12.2020 passed by Additional Director, Secondary Education, Kumaon, whereby an Authorized Controller was appointed to manage the affairs of Kishan Inter College, Lalpur. Perusal of the impugned order reveals that Authorized Controller was appointed for six months or till constitution of new Committee of Management, whichever is earlier.

3. This Court had passed an interim order on 17.03.2021, whereby effect and operation of the impugned order dated 31.12.2020 was stayed.

4. Learned Addl. Chief Standing Counsel appearing for the State has drawn attention of this Court

to Annexure No.-1 to the counter affidavit filed by Mr. R.C. Arya, Chief Education Officer, Udham Singh Nagar. Perusal of Annexure No.-1 to the counter affidavit reveals that charge of Manager was handed over to the petitioner on 31.03.2021. Statement to this effect has also been made in paragraph no. 4 of the counter affidavit.

5. Learned Addl. Chief Standing Counsel appearing for the State further states that term of the petitioner as Manager has come to an end.

6. Learned counsel appearing for the petitioner submits that election for constituting new Committee of Management has already been held.

7. Be that as it may, since petitioner was handed over charge of Manager and subsequently, term of petitioner as Manager has come to an end, therefore, no useful purpose would be served by keeping this writ petition pending.

8. Accordingly, Writ Petition is dismissed as infructuous. However, petitioner shall be at liberty to raise all contentions regarding acts of omission and commission by the Authorized Controller, in an appropriate proceeding.

(MANOJ KUMAR TIWARI, J.) Navin