Neeraj Kumar vs Chief Education Officer District Haridwar & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioner is resident of Village Kudiyala, Tehsil Bhagwanpur, District Haridwar. Learned counsel for the petitioner submits that term of elected

Committee of Management of C.M.D. Inter College Kudiyala expired in the month of November, 2019 and an Authorized Controller was appointed to

manage the affairs of the said Institution; however, no steps have been taken by the Authorized Controller to initiate election process.

By means of this writ petition, petitioner has sought the following reliefs:-

“ i) Issue a writ, order or direction in the nature of mandamus that the respondent no.3 be directed to initiate the process for the General Body of

CMD Inter College and (inducting of members) consequently for Constitution of Committee of Management of the CMD Inter College and to

handover the charge to duly elected committee of management.â€​

Shri G.S. Negi, learned Additional Chief Standing Counsel was asked to get instructions in the matter. Today, on instructions, he submits that there

were total 89 members in the General Body of the Society, which runs the aforesaid Institution, out of which 87 were expelled by Chief Education

Officer, on the ground, that they were not validly inducted as member. He submits that at present there are only 02 members in the General Body of

the Society, therefore, no election could be held. He further submits that out of 87 members, who were expelled from the membership of the Society,

more than 50 persons have filed an appeal, which is pending before the Director, School Education, Uttarakhand. He, therefore, submits that election

can be held only when the pending appeal before the Director is decided.

This Court finds substance in the submission made by Shri G.S. Negi, learned Addl. C.S.C. Election for constituting Committee of Management

cannot be held when the electoral college i.e. General Body consists of only 02 members. In such view of the matter, it would be just and proper to

direct the Appellate Authority i.e. Director, School Education, to decide the pending appeal filed by the expelled members, as early as possible, so that

election process may be held for constituting a new Committee of Management, as per the Scheme of Administration of the concerned Institution.

Accordingly, writ petition is disposed of with a direction to the Director, School Education, Uttarakhand to consider and decide the appeal filed by

the expelled members of the General Body of the Society, which runs the aforesaid Institution, as early as possible, but not later than four months from

the date of production of a certified copy of this order. Petitioner shall also be given an opportunity of hearing while deciding the said appeal.