COMMITTEE OF MANAGEMENT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ALL these writ petitions before this Court have been filed by different Committee of Managements, which run different Education Institutions in the State of Uttarakhand. They are all being heard together as we shall see in a while that at the reading it all the issue is common.

(2.) IN WPMS Nos. 332/2009, 1664/2008, 1410/2009, 735/2010 and 878/2010 the petitioners i.e. Committee of Managements have challenged the action on the part of the State Authorities, including District Education Officers and others, who have not recognized their Scheme of Administration and this they would not do till the Management signs and submits the Model Scheme of Administration drafted by the Education Authorities. The challenge to the action as well as inaction on the part of the State Authorities by the petitioners is that this amounts to denying the petitioners their Fundamental Right to form an association or a society and hence it is violative of Article 19(1)(c) of the Constitution of India. It is also submitted by the learned counsel for the petitioners that forcing them to sign and submit Model Scheme of Administration which have been drafted by the Education Authorities, is contrary to the scheme of Uttarakhand Education Act 2006 (hereinafter referred to as Act ) and the Rules and the Regulations framed therein as the State Authorities are not empowered to frame a Model Scheme of Administration , or to insist the Management to sign and submit only such Model Scheme of Administration .

(3.) IN the remaining three writ petitions i.e. WPMS Nos. 2532/2013, 2529/2013 and 134/2014 the petitioners have challenged the appointment of an Authorized Controller in their Institutes which they alleged is in violation of the Act and the Rules and the Regulations framed therein. In these writ petitions, the petitioners have challenged the impugned orders dated 03.09.2013 and dated 19.09.2013.