MAHADEVI KANYA PATHSHALA SOCIETY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Writ Petition is filed by the Mahadevi Kanya Pathshala Society, a Society registered under the Societies Registration Act, 1860, the Committee of Management M.K.P. (P.G.) College, Dehradun, the Secretary of the Committee of Management, the President of the Committee of Management and the Members of the Committee of Management, seeking a writ of certiorari to quash the order dated 29.04.2013 passed by the Vice-Chancellor of the Hemwati Nandan Bahuguna Garhwal University, Srinagar; a writ of certiorari to quash the order dated 10.07.2013 passed by respondents 1 and 2; a writ of mandamus to quash the order dated 12.07.2013 passed by the fourth respondent; and a writ of mandamus directing respondents 2 to 4 to forthwith open the locks put by them, over the office of the first petitioner and the Mahadevi Institute of Technology (Technology Institute run by the first petitioner) and the hostels of the Society.

(2.) Mr. Neeraj Garg, learned counsel appearing on behalf of the petitioners, would fairly state that, in the light of the interim order passed by this Court on 07.10.2013, the petitioners no longer seek the relief sought for in the prayer (d), since such a relief had already been granted by this Court. We shall, therefore, confine our examination in this Writ Petition only to the validity of the order passed by the Vice Chancellor dated 29.04.2013, the order passed by respondents 1 and 2 dated 10.07.2013, and the order passed by the fourth respondent (authorized controller) dated 12.07.2013 handing over charge of the duties of Principal to the seventh respondent. It is convenient to deal with prayers (a) and (c) together, and prayer (b) separately.

(3.) Facts, to the limited extent necessary, are that the first petitioner, a Society registered under the Societies Registration Act, 1860, constituted a Committee of Management, as per its bye-laws, for the M.K.P. (P.G.) College, Dehradun. On a complaint made by one Mr. Surendra Singh on 12.10.2009, against the illegalities and financial irregularities committed by the seventh respondent, the then Committee of Management, in its meeting held on 14.10.2009, took a decision to constitute a Committee to inquire into the matter. The Inquiry Committee submitted its report on 28.10.2010 holding that the allegations of financial irregularities, leveled against the seventh respondent, were established. The Committee of Management, in its meeting held on 14.09.2011, decided to initiate another inquiry into the matter. Eventually, by order dated 17.02.2013, the petitioners resolved to terminate the services of the seventh respondent. They submitted an application to the Vice-Chancellor of the Univeristy on 18.02.2013 seeking his approval of the order of termination. By order dated 29.04.2013, the Vice Chancellor refused to grant approval to the order dated 17.02.2013, passed by the Committee of Management, terminating the services of the seventh respondent.