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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Committee of Management RMPP Vidyalaya Inter College Gurukul Narsan – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present intra-court appeal is directed against the order and judgment of learned Single Judge dated 02.01.2026 in Writ Petition (M/S) No.2245 of 2025, “Committee of Management RMPP Vidhyalaya Inter College vs. State of Uttarakhand & others”.
2. The said writ petition was filed by the appellant challenging the validity of the order dated 09.04.2025, whereby respondent no.2- Director, School Education, Secondary Education, Uttarakhand, office at Nanoor Kheda, Dehradun, constituted a three Member Inquiry Committee to examine the complaint of the private respondent (non- appellant no.5 herein) made in respect of the order dated 28.01.2025 by Additional Director of Education, Garhwal Mandal, Pauri directing respondent no.4 to recognize the election of the appellant- Committee of Management under the provisions of the UTTARAKHAND SCHOOL EDUCATION ACT , 2006 and Regulations framed thereunder and clause 9(4) of the Scheme of Administration. Respondent no.5 alleged that the so called election of the appellant- Committee of Management dated 15.01.2025 was a fake one and the committee was accordingly constituted to enquire into the said aspect. Also und
Without rival committees dispute, Director cannot under Section 29(7) inquire election validity of recognized management; Societies Act governs. Section 34 enables mismanagement probes.
The provision for enrollment of new members in the Scheme of Administration is directory, not mandatory, and a prior decision on membership induction cannot be questioned in subsequent complaints if ....
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
The judgment emphasizes the importance of fair and reasonable decision-making, adherence to principles of natural justice, and objective considerations in matters related to the recognition of electi....
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