Ram Das Maurya v. District Inspector of Schools, Dehradun
2004-11-18
PRAFULLA C.PANT
body2004
DigiLaw.ai
JUDGMENT Hon'ble Prafulla C. Pant, .J.-By Means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought direction in the nature of writ of certiorari for quashing the order dated 4.9.2001 (Annexure-8 to the writ petition) passed by the respondent No.1 approving the election of the Committee of Management of Ambawati Doon Valley Higher Secondary School, Panditwari, Dehradun. 2. Brief facts of the case as narrated in the writ petition are that Ambawati Doon Valley Higher Secondary School, Dehradun is an aided and recognized Institution which is governed by the provisions of the U.P. Intermediate Education Act, 1921 (for brevity the Act). A Scheme of Administration of said Institution was prepared according to Section 16-A of the Act according to which elections were to be held after the 1erm of the Committee of Management expired on 29.6.2001. The Scheme of Administration provides the process of holding toe election of members of the Committee of Management. The Scheme further provides that list of members of general body will be declared six months prior to the expiry of the term of Management. However, it is alleged in the writ petition that without intimating all the members, particularly the life members, the elections were held which were approved by the respondent No.1 constituting the Committee of Management. The elections were challenged through this writ petition on the grounds that the provisions of Scheme of Administration were not complied with. 3. A counter affidavit has been filed by the respondent No.3, who denied if the election was held without c9mplying the provisions contained in the Scheme of Administration. It is categorically denied if S/Shri Ram Das Maurya, D.K. Rastogi, Rajesh Thapa, N.P. Naithani, Rajendra Singh and Col. Balbir Singh were inducted as life members or Shri Kailash Chandra Sharma and Shri Dinesh Dhyani are inducted as ordinary members before June 2000. 4. I heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit alongwith the annexures annexed thereto. 5. At the time of argument learned counsel for the parties stated that the three years period of the Committee of Management elected through the impugned election is already over and fresh elections have become due.
4. I heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit alongwith the annexures annexed thereto. 5. At the time of argument learned counsel for the parties stated that the three years period of the Committee of Management elected through the impugned election is already over and fresh elections have become due. In the circumstances, since the learned counsel" for the parties admit that this writ petition has become infructuous, this Court does not feel necessary to enter into the controversies raised in the writ petition. Rather, it will be sufficient to dispose of the writ petition as infructuous with the observation that fresh elections as per the Scheme of Administration be held with the voter list recognized by the District Education Officer or the concerned authority. Interim stay order dated 12.9.200l stands vacated. No order as to costs.