IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Dev Kumari Singh - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 562 of 2021
Decided On : 11-11-2021
Manager - Challenge to Appointment of Authorized Controller - The court dismissed the writ petition as infructuous since the petitioner's term as Manager had come to an end and no useful purpose would be served by keeping the petition pending.
Fact of the Case:
The petitioner challenged the appointment of an Authorized Controller to manage the affairs of a college after her term as Manager had ended.
Finding of the Court:
The court dismissed the writ petition as infructuous, stating that no useful purpose would be served by keeping the petition pending.
Issues: Challenge to appointment of Authorized Controller, petitioner's term as Manager coming to an end.
Ratio Decidendi: The court found that since the petitioner's term as Manager had come to an end, the writ petition was dismissed as infructuous.
Final Decision: The writ petition was dismissed as infructuous, but the petitioner was granted liberty to raise contentions regarding the acts of the Authorized Controller in an appropriate proceeding.
JUDGMENT
Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.
2. According to the petitioner, she was elected as Manager of Kishan Inter College, Lalpur, District Udham Singh Nagar. She has challenged the order dated 31.12.2020 passed by Additional Director, Secondary Education, Kumaon, whereby an Authorized Controller was appointed to manage the affairs of Kishan Inter College, Lalpur. Perusal of the impugned order reveals that Authorized Controller was appointed for six months or till constitution of new Committee of Management, whichever is earlier.
3. This Court had passed an interim order on 17.03.2021, whereby effect and operation of the impugned order dated 31.12.2020 was stayed.
4. Learned Addl. Chief Standing Counsel appearing for the State has drawn attention of this Court to Annexure No.-1 to the counter affidavit filed by Mr. R.C. Arya, Chief Education Officer, Udham Singh Nagar. Perusal of Annexure No.-1 to the counter affidavit reveals that charge of Manager was handed over to the petitioner on 31.03.2021. Statement to this effect has also been made in paragraph no. 4 of the counter affidavit.
5. Learned Addl. Chief Standing Counsel appearing for the State further states that term of the petitioner as Manager has come to an end.
6. Learned counsel appearing for the petitioner submits that election for constituting new Committee of Management has already been held.
7. Be that as it may, since petitioner was handed over charge of Manager and subsequently, term of petitioner as Manager has come to an end, therefore, no useful purpose would be served by keeping this writ petition pending.
8. Accordingly, Writ Petition is dismissed as infructuous. However, petitioner shall be at liberty to raise all contentions regarding acts of omission and commission by the Authorized Controller, in an appropriate proceeding.
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