COMMITTEE OF MANAGEMENT L W S GIRLS INTER COLLEGE BHATKOT PITHORAGARH Vs. DISTRICT EDUCATION OFFICER PITHORAGARH AND

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of Constitution 2009 (1) Committee of Management Versus District Education Officer 387 of India, the petitioner has sought writ in the nature of certiorari quashing the order dated 12. 01. 2007, passed by re spondent No. 1 and order dated 18-06- 2007, passed by respondent No. 2. A further direction is sought in the nature of mandamus commanding respondent No. 1 for approval of appointment of candidates, recommended by the duly constituted Selection Committee, pursu ant to the request made by the petitioner vide its letter dated 27-12-2006.

(2.) HEARD learned counsel for the par ties and perused the affidavit, counter affidavit and rejoinder affidavit.

(3.) IN the rejoinder affidavit filed on behalf of the petitioner, it is stated that the Director's letter relied by the re spondents cannot override the provision of the enactment, passed by the legisla ture and Regulations framed thereunder, applicable to the institution. Giving the details of number of students and sec tions in the institution, the averment made in the counter affidavit, are de nied. It is stated that there are 8 sec tions, as per the G. O. dated 09-08-1999 in the institution for classes VI, VII, and VIII, apart from 7 sections for classes IX and X and 4 sections of class 11th and 12th. The G. O. dated 20-11- 1976 (copy annexure C. A. 7 to the counter affidavit), filed with the counter affida vit itself shows that sanctioned strength is already less than the required strength in the INstitution. The contents of the para-16 of the counter affidavit are spe cifically denied in the rejoinder affidavit and averments made in para-24 and 25 in the writ petition are reiterated.