The central legal point established in the judgment is the interpretation and application of the Scheme of Administration, specifically Clause 9, to determine the eligibility of members to participate in the election of the management committee.

JUDGMENT :

Ravindra Maithani, J.

The challenge in this petition is made to the order dated 08.10.2007 passed by the respondent no. 3, the District Education Officer, Dehradun, by which the directions for election of the management committee of Inter College, Balawala, District Dehradun (“the college”) have been issued. The petitioners also seek other reliefs.

2. Heard learned counsel for the parties and perused the record.

3. The instant petition has a long drawn history. The college is run by a management committee (“the committee”). Factual narration may be briefly stated as follows:-

(i) Earlier election of the committee was held on 22.12.2002. On 30.12.2005, the Manager of the committee wrote to the respondent no. 3, the District Education Officer, Dehradun proposing the next date of election of the committee as 08.01.2006 with the request for appointment of the observers.

(ii) The respondent no. 3, the District Education Officer, Dehradun required the Manager of the committee to forward the list of the members, which was forwarded by the Manager of the committee.

(iii) The respondent no. 3, the District Education Officer, Dehradun raised certain objection on 04.01.2006.

(iv) The election was stayed. Meanwhile, on 18.03.2006, the Authorized Controller was appointed.

(v) Various communications were made between the Authorized Controller and the respondent no. 3, the District Education Officer, Dehradun with regard to approval of the members of the General Body and for holding of the elections.

(vi) Pursuant to the directions issued by the respondent no. 3, the District Education Officer, Dehradun, the Principal of the college pasted the list of the members on the notice board inviting objections. Four persons filed their objections. The objections were attended to.

(vii) The Authorized Controller, on 29.06.2007, sought approval of the list of the members from the respondent no. 3, the District Education Officer, Dehradun.

(viii) The approval was accorded by the respondent no. 3, the District Education Officer, Dehradun on 05.07.2007.

(ix) Pursuant to it, the date of election of the committee was notified on 07.07.2007. It is at this stage, a Writ Petition No. 948 of 2008 was filed, which was disposed of with the direction to the respondent no. 3, the District Education Officer, Dehradun to decide the objections raised by the petitioners.

(x) The objections raised by the petitioners were rejected. Thereafter, another Writ Petition being WP (M/S) No. 1457 of 2007, Jai Singh v. State of Uttarakhand and others, was filed, which was decided on 06.09.2007 with the directions to the respondent no. 3, the District Education Officer, Dehradun to take a decision afresh. Pursuant to it, the impugned order has been passed.

4. For the sake of convenience, the status of the petitioners qua membership and the General Body of the committee is as follows:-