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2015 DIGILAW 162 (UTT)

GURU NANAK SHIKSHA SAMITI v. STATE OF UTTARAKHAND

2015-03-19

ALOK SINGH

body2015
JUDGMENT : Hon’ble Alok Singh, J. (Oral) Present petition is preferred assailing the order dated 13.02.2015, annexure No. 12 to the writ petition, whereby Additional Director of Education (Secondary Education), Kumaon Mandal, Nainital was pleased to appoint Administrator in the institution, in question. 2. Undisputedly, Shri Guru Nanak Girls Inter College, Rudrapur is a minority institution; vide order dated 18th August, 2008, Joint Director of Education was pleased to point out certain defects in the Scheme of Administration; Writ Petition No. 1580 of 2009 (M/S), filed by the present petitioners was disposed of vide judgment dated 26.06.2014 directing the petitioners to cure defects as pointed by the Joint Director of Education vide order dated 18th August, 2008 in the Scheme of Administration within three days; it was further directed on curing of the defects, no adverse action is required to be taken against the petitioners on the ground of non-submission of fresh Scheme of Administration. 3. Perusal of the impugned order would reveal that although in compliance of the judgment dated 26.06.2014, passed by this Court, copy of the scheme of administration curing the defects, was furnished before the Education Authorities, however, Scheme of Administration submitted under the signature of the then Manger was not accepted saying it was signed by the Manager whose tenure stood expired on 26.06.2014 and Dr. P.N. Singh, District Education Officer (Secondary Education), Udham Singh Nagar was appointed as Administrator for next six months or till the next Management of Committee is elected. Feeling aggrieved, petitioners have once again approached this Court. 4. Perusal of Clause 7 of the Scheme of Administration (page No. 67 of the paper book), would reveal that although tenure of the elected Management Committee shall be three years from the date of election, however, same Management Committee shall be enforced/shall continue till the next management committee is elected. 5. Thus, observation made in the impugned order that tenure of Manager stood expired on 26.06.2014 is against the mandate of Clause 7 of the Scheme of Administration. 6. It is nowhere stated in the impugned order that defects have not been removed/cured as yet as directed by this Court vide judgment dated 26th June, 2014, passed in WPMS No. 1580 of 2009. 7. There is another aspect of the matter. 6. It is nowhere stated in the impugned order that defects have not been removed/cured as yet as directed by this Court vide judgment dated 26th June, 2014, passed in WPMS No. 1580 of 2009. 7. There is another aspect of the matter. As per sub-section (14) of Section 34 of the Uttaranchal School Education Act, 2006, nothing contained in sub-section (3) to (13) shall apply to institutions established and administered by a minority referred to in Clause (1) of Article 30 of the Constitution of India. Since, admittedly, Guru Nanak Girls Inter College, Rudrapur/petitioner No. 2 is a minority institution, being administered by the Sikh Community, therefore, as per sub-section (14) of Section 34 of the Act, it is beyond the power and jurisdiction of the Education Authority to appoint Administrator to run and manage the minority education institution. 8. In my humble opinion, as per Clause 7 of the Scheme of Administration as referred above, tenure of the Management Committee shall remain in force till the new election are held, therefore, observations in the impugned order that Scheme of Administration after curing the defects has submitted under the signature of old Manager, does not hold water. However, I am of the further view that for the better/proper administration and management of the Minority Institution/petitioner No. 2, election should be held ordinarily within the time prescribed or soon thereafter. 9. Present petition thus succeeds and is hereby allowed. Impugned order is quashed. However, election of the Management Committee of the petitioners shall be held preferably within 30 days from today for which last elected Management Committee shall take appropriate steps preferably within a week. 11. No order as to cost.