COMMITTEE OF MANAGEMENT, DEVTA BHURE SAH TRUST MATA SHAKUMBARI DEVI JUNIOR HIGH SCHOOL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE Committee of Management "Devta Bhure Sah Trust Mata Shakumbari Devi Junior High School, Manglore, District Haridwar" has filed this writ petition through its Manager challenging the order of the State Government passed under Section 34 of the Uttaranchal School Education Act, 2006 (Act No. 08 of 2006) (from hereinafter referred to as the Education Act), by which an Authorised Controller has been appointed in the Institute.

(2.) EARLIER , the State Government vide its order dated 3rd September, 2008 had appointed an authorised Controller in the Institute. This order was challenged by the present Petitioner in Writ Petition No. 1617 of 2008 Committee of Management v. State of Uttarakhand and Ors. The said writ petition was disposed of by the Learned Single Judge on 26th September, 2008, whereby the order dated 3rd September, 2008 was quashed as the same was passed by the State Government without following the provisions as laid down under Section 34(5) of the Act i.e. without issuing notice to the concerned party. However, vide the order of the Learned Single Judge the Authorities were directed to pass fresh orders after complying with the provisions of the law. The Secretary Education has now passed an order on 27th February, 2009 appointing an authorised controller in the Institute. This order is a well considered order, wherein the entire factual as well as legal aspect pertaining to the matter has been examined and discussed and cogent reasons have been assigned as to why an authorised controller needs to be appointed in such a given contingency. However, at this stage, the broad facts of the case need to be stated, which are as under:

(3.) IT is clear that before passing the order under Section 34 of the Education Act, a notice has to be issued to the Committee of Management. However, since it was not done, the earlier order dated 3 -9 -2009 was set aside, in the previous writ petition, as has already been referred. All the same, since the State Government was given liberty to pass fresh order in accordance with law, fresh proceedings were initiated, which have culminated in the present order dated 27th February, 2009, which is now impugned in the present writ petition. In these fresh proceedings, notices were issued to the Management on 1st December, 2008 on which a reply was also given by the Management. After considering the reply of the Management on certain issues, the State Government has recorded findings against the Management Committee as to the manner in which the school was being run by the Management Committee. Although the narration of the entire findings may not be relevant, but what is relevant for our purposes is that there is a clear finding that there is no "Scheme of Administration" and the school is not being run under a Scheme of Administration as provided under the law. In short, this is an admitted case - that under the present Scheme of Administration the Management Committee is not a democratically elected management committee but it consists of members of a trust, which are nominated members. There are no periodical election to this Committee of Management and therefore admittedly there is no Management Committee under the Scheme of Administration as authorized by the law. In such a situation where admittedly a school is being run under a Scheme of Administration which has no authority of law, there is an absolute justification for the State Government to appoint an Administrator on the Institute and in fact there are justifiable grounds for the State Government to derecognize the institute or to remove the institute from grant in aid list or also to take any other appropriate measure under law in such a given situation. The State Government in its counter affidavit has stated that earlier the school was being run by the name of "Mata Shakumbari Devi Junior High School, Manglore". Subsequently the name of the Institute was changed to "Devta Bhure Sah Trust Mata Shakumbari Devi Junior High School, Manglore" and the school was brought under the grand in aid w.e.f. 1st April, 1996. It has been categorically stated in the counter affidavit that although the Management Committee of the School claims that they have the Management Committee in view of the election held on 4th July, 2007, the State Government has no information regarding this election or as to whether any such election took place. It is also stated in the counter affidavit that no Scheme of Administration has been submitted by the Petitioner before the State Government or an authority appointed by the State Government under the law nor is any such scheme approved and therefore, there is a clear violation of provisions of Section 34(3) by the Petitioner.