LAWS(UTN)-2015-4-118

SANDEEP KUMAR Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On April 17, 2015
SANDEEP KUMAR Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Petitioner approached this Court seeking following reliefs:-

(2.) Briefly put the case of the petitioner is as follows:- The Committee of Management of Adarsh Junior High School Manakpur Adampur was working and there was a Manager Shri Rampal Singh. Thereafter, another Committee of Management was approved by the District Basic Education Officer. There is reference to order dated 20th December, 1998 by which the previous Committee of Management was held valid with reference to order being stayed by the High Court. There is also a reference to a writ petition filed by Shri Rampal Singh as Writ Petition No. 1764 of 1998, which was disposed of by permitting him to file representation in the matter. It is further submitted that there is a huge agricultural land of 21.2640 hectare in the name of the said school. It is alleged that the Members of the Committee of Management are misusing their power. It is further stated that the Principal of the school retired on 22nd May, 2008. Reference is made to the academic career of the party respondents. Complaint is levelled that in the event of upgradation of the institution, the Government will have to bear all the expenses but the right to appoint teachers remains with the Committee.

(3.) A counter affidavit has been filed. There is reference to the appointment of the Administrator. There is also a reference to in regard to the allegation about the land being given on contract without publication. It is stated in paragraphs 12 & 13 of the counter affidavit as follows:-