LAWS(UTN)-2016-6-142

MEENA Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On June 30, 2016
MEENA Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Petitioner is a student of Class 12th of the Government Girls Intermediate College, Kashipur, District Udham Singh Nagar. It is alleged that there were several irregularities in the College. Money was being collected from Girls students as fee under different heads through class teachers, which was being done on the instructions of the Principal of that College. This act of the College was objected by the students, who made complaints before the Principal of the College; in which petitioner was one of them. This annoyed the respondent no.8 Principal and she took various steps to put pressure on the students. The matter came into limelight and was covered by the press and media. The complaints were got inquired through Sub Divisional Magistrate, Kashipur and District Education Officer (secondary) Udham Singh Nagar. In their report, they recommended for transfer of respondent no.8 and two other teachers to some other places, so that the academic atmosphere in the institution may not be spoiled and the interest of the students may be safeguarded. The District Magistrate, Udham Singh Nagar, vide his order dated 07.09.2015, directed that till such time the education department transfers them, respondent no.8 shall remain attached to the office of respondent no.5 and two other teachers to two other colleges. Against the order of District Magistrate, respondent no.8 filed a writ petition before this Court, in which order dated 07.09.2015 passed by District Magistrate, had been stayed.

(2.) In the meantime, the Principal of the College prevented the petitioner to appear in Pre-Board Examination and the up-coming Board Practical Examination. Hence, this writ petition was filed. This Court, vide orders dated 02.02.2016 and 01.03.2016, permitted the petitioner to appear in the Board Practical Examination and Board written examination, respectively, but it was directed that her result shall not declared without prior leave of this Court.

(3.) It is the submission of learned counsel for the petitioner that the result of Board Examination has been declared but the result of the petitioner has been withheld in view of the order passed in this petition.