ABDUL GAFFAR ANSARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Amendment application (CLMA No. 9497) of 2012 is allowed. Amended copy of the writ petition filed by the petitioner in Court today is taken on record. Heard Mr. M.C. Pande, Senior Advocate assisted by Mr. Devesh Upreti, Advocate for the petitioners, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand and Mr. K.N. Joshi, Advocate for respondent no. 4.

(2.) The petitioners have filed this writ petition stating and thereby making allegations that the process are being initiated for inclusion of new members of the General Body of a college by the existing members of the Managing Committee in violation of law. It is admitted fact that the term of the managing committee is for a period of three years. The Committee runs an institute known as Almora Inter College, Almora and it was elected way-back in August, 2009 and its term was to come to an end on 18.8.2012. Much before the term of the managing committee came to an end, the managing committee invited applications for ordinary members which is for a period of three years. The contention of the petitioners before this Court is that they fulfill all the conditions to become a member of the General Body, yet since there was no advertisement inasmuch as the advertisement admittedly was made in a newspaper called "Page Three" which has a negligible circulation in Almora, they had no knowledge that applications for new members have been invited. This fact is admitted by the respondents. Meanwhile the term of the managing committee came to an end and an Administrator was appointed. Under Section 35(1)(a) of the Uttaranchal School Education Act, 2006, the Administrator has all the powers of the management committee and the petitioners pray that directions be given to the administrator to make new members after making the wide publicity of the same.

(3.) However, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State has made an objection stating that though the administrator technically has all the powers of the management committee yet the Scheme of Administration itself provides that in case where there is a disagreement between the management committee regarding giving membership to a person, the matter has to be referred to the General Body. Therefore, he submits that while making members it is implicit that there has to be a meeting of the mind between the members.