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2012 Supreme(UK) 172
UTTARAKHAND HIGH COURT
B.S. Verma
Writ Petition No. 689 (M/S) of 2012
PUSHKAR SINGH BISHT – Petitioner
Versus
DISTRICT EDUCATION OFFICER & ORS. – Respondents
Decided on : 17.05.2012
For the Petitioner: Mr. V.B.S. Negi, Sr. Adv., assisted by Mr. Naveen Tewari, Adv.
For the Respondents: Mr. K.C. Tewari, Brief Holder
For the Intervener : Mr. A.S. Rawat, Sr. Adv., assisted by Mr. Ravindra Singh Bisht, Adv.
Headnote:(A) Scheme of administration — Clause 7 — Authorised Controller has no power to induct the new member and cannot be taken over the function of Committee of Management — And the power to induct the new members, as per clause-7 of the Scheme of Administration, it is the Committee of Management who can induct the member in accordance to provision of the clause — Khand Shiksha Adhikari in its enquiry found that the members were inducted by the Committee of Management in the General Body meeting in accordance with prescribed procedure after wide publication — Therefore, order impugned passed by District Education Officer is a creptic and non-speaking order and the same is liable to be set aside. (Para 14)
(B) Practice and procedure — In writ jurisdiction disputed question of facts cannot be scrutinized — Thus, if the interveners/applicants feel aggrieved by the action of the Committee of Management — Can file a civil suit, after the election is over. (Para 13)
¼v½ iz’kklu dh ;kstuk & [k.M 7 & izkf/kdkjh fu;a=d dks u;k lnL; izfr”Bkfir djus dh ‘kfDr ugha vkSj og izca/ku lfefr ls Åij dke ugha dj ldrk & u;k lnL; izfrLFkkfir djus dh ‘kfDr [k.M 7] iz’kklu dh ;kstuk ds vUrxZr izca/ku lfefr dh gS tks /kkjk 7 ds izko/kkuksa ds vUrxZr gksxh & [k.M f’k{kk vf/kdkjh us tk¡p esa ik;k fd lnL;ksa dks izca/ku lfefr ds }kjk ,d lkekU; fudk; dh cSBd esa foLr`r izdk’ku ds ckn fu/kkZfjr izfØ;k ds vuqlkj izfr”Bkfir fd;k x;k & ftyk f’k{kk vf/kdkjh }kjk ikfjr vkns’k ,d xqIr vkSj xSj Hkk”kh vkns’k] fujLr gksus ;ksX;A ¼izLrj 14½
¼c½ vH;kl vkSj izfØ;k & fjV {ks=kf/kdkj esa rF;ksa ds fookfnr iz’u ij Nkuchu ugha dj ldrs & bl izdkj vxj vkosnd izca/ku lfefr dh dk;Zokgh ls ihfMr gS] rks os ,d nhokuh eqdnek nk;j dj ldrs] pquko [kRe gksus ijA ¼izLrj 13½
Hon’ble B.S.Verma, J. (Oral)
(Intervention Application No. 4550/2012)
(Stay Vacation Application No. 4551/2012)
Heard Sri V.B.S. Negi, Senior Advocate, assisted by Mr. Naveen Tewari, Advocate for the petitioner, Sri K.C. Tewari, Brief Holder on behalf of respondents and Sri A.S. Rawat, Senior Advocate assisted by Sri Ravindra Singh Bisht, Advocate appearing on behalf of intervener.
2. By means of this petition the petitioner has sought a writ in the nature of certiorari to quash the order dated 30.3.2012 passed by the respondent No.1 contained in Annexure No.7 to the writ petition. Further prayer was made to direct the respondents to conduct the election of the Committee of Management on the basis of the duly approved members of the General Body who are already on record.
3. Sri Ashok Duklan and Sri Virendra Garhdesi have filed intervention application 4550/2012 and stay vacation application No. 4551/2012 and prayed for vacation of interim order dated 19.4.2012 passed by this court.
4. In the intervention application the stand taken by the applicants is that the members who had been inducted without the approval of the District Education Officer, they cannot be treated a valid members. At the time of induction of members on 2-6-2010 an advertisement was issued in the daily news-paper ‘Badri Vishal’ inviting application for membership for Janta Inter College Ramardaang, District Pauri Garhwal, but the said news-paper is not circulated in the vicinity of Block Kaljikhal, District Pauri Garhwal and the interveners/applicants were not aware about the said publication. Then the applicants made a representation to the Joint Director of Education, Pauri requesting therein that the advertisement so published in the newspaper ‘Badri Vishal’ be cancelled and the same be published in the daily newspaper ‘Amar Ujala’ and ‘Dainik Jagaran’ and to to take necessary action for inducting the members in the institution. However, no date has been mentioned in the representation. It appears by a perusal of Annexure No.3 annexued with intervention application that on 14/15.7.2010 the Additional Director of Education, Garhwal Mandal Pauri directed the District Education Officer, Pauri to hold an enquiry at his own level and dispose of the matter accordingly, as to whether the members have been inducted without any advertisement. Thereafter inquiry was conducted by the District Education Officer. In turn inquiry was completed through Khand Shiksha Adhikari, Kaljikhal, Pauri and report was submitted. By a perusal of para Nos. 5 to 10 of the report dated 27.7.2010/2.8.2010 submitted by Khand Shiksha Adhikari, it shows that all the members who were inducted have been inducted in a prescribed manner, as has been given in the ‘scheme of administration’ and they were inducted by resolution dated 17.7.2010. On the basis of the inquiry report impugned order has been passed by the District Education Officer to the effect that the members who have been inducted by the Committee of Management have not been inducted by a proper advertisement, therefore, direction was given to constitute new Committee of Management and action for advertisement be taken within a week to induct the members and thereafter the list be sent for approval for the constitution of new Committee of Management. This direction was given by the District Education Officer to the Authorised Controller.
5. Learned Senior Advocate Sri V.B.S. Negi appearing on behalf of the petitioner has contended that this court in the Writ Petition No. 1375 of 2006(M/S) Balraj Pasi versus State and others and connected writ petition, decided on 16.6.2010, has held that the Authorised Cotroller has no right to induct the new members and cannot exercise himself the function of Committee of Management.
6. Learned Senior Advocate Sri A.S. Rawat, appearing on behalf of interveners vehemently argued that when the members who have been inducted, advertisement was made in news-paper “Badri Vishal’ and
