WPMS/2579/2020 of SANTA SINGH Vs STATE OF UTTARAKHAND on 31 December 2020

Hon’ble Manoj K. Tiwari, J.

Mr. Vipul Sharma, Advocate for the petitioner.

Mr. T.S. Phartiyal, Additional C.S.C. for the State of Uttarakhand.

Heard learned counsel for the parties through video conferencing.

According to the petitioner, he is Chairman of Committee of Management, Kisan Inter College, Lalpur, District Udham Singh Nagar.

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

“a) issue a writ, order or direction in the nature of certiorari to quash or set-aside the impugned minutes of meeting dated 16.12.2020 (contained as Annexure No. 3 to this writ petition);

b) issue a writ, order or direction in the nature of mandamus directing the respondents to conduct an inquiry into the matter as to how the provisions of scheme of administration were violative;”

According to the petitioner, Manager and Vice Chairman of Committee of Management held a meeting on 16.12.2020, without knowledge of the petitioner and took certain decisions, which are contrary to the provisions of Scheme of Administration. It is contended by the petitioner that, in the said meeting, decision was taken, inter alia, in respect of constituting a Selection Committee for selection of Assistant Teachers in the College. In this regard, petitioner has already made representations from time to time to Chief Education Officer, Udham Singh Nagar and learned counsel for the petitioner submits that Chief Education Officer has acted upon one of the representation made by the petitioner and has passed an order directing the concerned authorities to keep the selection process in absence.

Since Chief Education Officer is seized of the matter, this Court thinks that ends of justice would be met, if Chief Education Officer is directed to examine the matter in the light of provisions contained in Uttarakhand School Education Act and Scheme of Administration and take appropriate decision, in accordance with law, at the earliest.

Accordingly, the writ petition is disposed of with a direction to Chief Education Officer, Udham Singh Nagar to consider petitioner’s representation dated 26.12.2020 and pass appropriate order, in accordance with law, as early as possible, preferably within a period of six weeks from the date of production of certified copy of this order alongwith copy of representation.

While taking decision, Chief Education Officer shall hear all the stakeholders.

Arpan

(Manoj K. Tiwari, J.)

31.12.2020