PRASHANT UNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner seeking a writ in the nature of mandamus commanding the respondents authorities to grant approval to the petitioner as Manager of the Janta Inter College, Yamkeshwar being the elected office bearer through proper channel. Further direction is sought commanding the respondent nos. 4 & 5 to handover the charge/transfer of the affairs of Committee of Management of said College to the petitioner.

(2.) BRIEFLY stated that the institution, namely, Janta Inter College, Yamkeshwar, is run and managed by its Committee of Management under the norms and conditions prescribed by the Education Department of the Govt. of Uttarakhand. Mr. Anil Kestwal was the earlier elected Manager of the Committee of Management. Election for Committee of Management of the College was commenced on the directions of the District Education Officer, Pauri and information was published in the newspaper. It is asserted in the petition that election for the post of Manager has been held and the petitioner is elected for the said post. After the election, information has also been sent to the District Education Officer for approval of newly elected Committee of Management. On 12.11.2009 the Principal of the College sent an official letter to the District Education Officer alongwith the list of elected Office Bearers. Therefore, approval is required for. It is further stated that the earlier Committee of Management of the College has been dissolved prior to election, therefore the work of the College is suffering.

(3.) COUNTER affidavit has been filed by respondent no.3 stating therein that after rescheduling the dates for election of the members of the Committee of Management of the College, election was conducted under the supervision of Election Officer and Observer. A proposal for constitution of new Management Committee of the Institution was sent to respondent no.3 for its approval on 12.11.2009. But in the meantime, the respondent no.5 made a complaint before the Secretary, School Education, Govt. of Uttarakhand, Dehradun as well as Director of School Education, Uttarakhand in which the Director of School Education vide letter dated 19.11.2009 sought report from the District Education Officer on the whole matter pertaining to election of the Committee of Management and directed that approval of the new elected members shall be kept in abeyance. Thereafter, vide letter dated 06.03.2010 and 03.05.2010 instructions were sought in respect of grant of approval to the newly elected members of Committee of Management, which is still awaited. It is further stated that since the matter of election of new members of Committee of Management is under consideration of the Directorate and the Government, therefore, as and when instructions/ directions are received, further action will be taken up. It has also been mentioned in the counter affidavit that in the meantime Authorised Controller has been appointed on 12.01.2010 to look into the affairs of the Institution.