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2012 DIGILAW 174 (UTT)

SHOBAN SINGH NEGI v. DIRECTOR OF SCHOOL EDUCATION

2012-04-22

B.S.VERMA

body2012
JUDGMENT Hon’ble B.S.Verma, J. Heard. 2. By means of this writ petition, the petitioner has sought following relief:- 1. Issue a writ, order or direction in the nature of certiorari quashing the impugned Resolution No. 1 dated 06.07.2011 passed by the Committee of Management, adding the three clauses without amending the scheme of administration under the Uttarakhand School Education Act, annexed as annexure no. 5 to the writ petition. 2. Issue a writ, order or direction, in the nature of certiorari quashing the impugned Resolution No. 1 dated 19.07.2011, passed by Committee of Management, whereby the Resolution dated 06.07.2011 was amended and Clause 1-Ga was retained as amended by the Resolution dated 06.07.2011, annexed as Annexure no. 4 to the writ petition. 3. Issue a writ, order or direction, in the nature of certiorari quashing Resolution No. 2 dated 31.07.2011, passed by the Committee of Management rejecting the bank drafts of 432 members dehorse to the scheme of administration, annexed as Annexure no. 6 to the writ petition. 4. Issue a writ, order or direction, in the nature of mandamus commanding the respondents to accept the bank drafts as wrongfully rejected by the Resolution dated 31.07.2011 and to include their name in the list of voters for the proposed election of the committee of management. 3. Learned Senior Advocate, appearing on behalf of the petitioner has contended that as per clause 7 of the Scheme of Administration, the basic criteria and eligibility for becoming the member of Sadharan Sabha is that the person should be a well wisher of the society, he may be belonging to any caste and religion, he should not be insane and should not be of more than 21 years of age. It is further provided that any person desirous to become the member of Sadharan Sabha will have to prepare a draft in favour of the institution, which could be received by any office bearer of the Committee, which would be deposited with the Treasurer. He further contended that Committee of Management has also made a provision that inviting application for membership, an information be published in newspaper, which has its vide circulation in the area. 4. Vide resolution dated 06.07.2011, the Committee of Management resolved to lay down three conditions for the purposes of induction of its members. He further contended that Committee of Management has also made a provision that inviting application for membership, an information be published in newspaper, which has its vide circulation in the area. 4. Vide resolution dated 06.07.2011, the Committee of Management resolved to lay down three conditions for the purposes of induction of its members. The clause ‘Ka’, provided that the Committee will not accept the membership of those persons who were residing distinct places from Kotdwar while clause ‘Kha’ provided that the person who submits the draft and casts vote without he being identified should be restrained from being inducted as member and whereas clause ‘Ga’ provides that all drafts, which have been received for membership would be declined to be accepted if it does not contain complete address of the person applying. Later, vide resolution dated 19.07.2011, clause 1-Ga of the resolution, was approved. 5. Learned Senior Advocate, has argued that after issuance of advertisement dated 05.06.2011, in the newspaper, no new condition can be imposed for induction of members by the Committee of Management and as per sub-section (5) of Section 29 of Uttarakhand School Education Act, 2006, no amendment to or change in the Scheme of Administration shall be made at any time without the prior approval of the Director. 6. Prima facie, the action on the part of the Committee of Management, in not accepting the draft for membership of the petitioners, is bad in law. The bank drafts of the petitioners were rejected on the ground that no particulars of the petitioners have been mentioned in counterfoil of Bank. 7. Having heard learned counsel for the parties and considering the peculiar facts and circumstances of the case, as an interim measure, it is directed that authorised controller (respondent No. 3) shall include the name of the petitioners in the voter list provisionally and give them right to vote and to participate in the election, if they choose so. Right to vote and participation in the election shall be subject to the final decision of the writ petition. It is also provided that if the Bank drafts deposited by the petitioners have been returned to the petitioners, the same shall be accepted and in case the time of encashment of the drafts has expired, then new bank drafts may be deposited with the authorised controller in lieu of old drafts. 8. It is also provided that if the Bank drafts deposited by the petitioners have been returned to the petitioners, the same shall be accepted and in case the time of encashment of the drafts has expired, then new bank drafts may be deposited with the authorised controller in lieu of old drafts. 8. Respondents are allowed four weeks’ time to file counter affidavit. Two weeks’ thereafter allowed to the petitioners for filing rejoinder affidavit. List thereafter. 9. Copy of the order be issued by tomorrow i.e. 23.05.2012 to learned counsel for the parties on payment of usual charges.