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2016 DIGILAW 107 (UTT)

Vinayak Inter College, Managing Society, District Almora v. State of Uttarakhand

2016-03-04

U.C.DHYANI, V.K.BIST

body2016
JUDGMENT : 1. Heard. 2. There is 126 days’ delay in filing this appeal, which has not been opposed by the counsel for the respondents. Hence the delay condonation application is allowed. Delay will stand condoned. SPA No. 210/2014 3. The appellant is the writ petitioner. Writ petition was filed for the following reliefs:- “To issue appropriate writ, order or directions:- (a) Directing that the order of the Minister of Education, Agriculture and Drinking water dated 22.05.2012 for cancellation of process of provincialisation be implemented/ complied with expeditiously. (b) Order dated 02.08.2011 be set-aside and quashed. (c) Handing over/taking over/Acquisition vide letter/document dated 01.10.2011 be declared illegal, non-est in the eyes of law, and hence be quashed and set-aside. (d) Memo/letter/documents of acquisition dated 01.09.2012 be set-aside and management, control, possession and all other rights of the Managing Committee of the Vinayak Inter College from whom the same were taken over, be restored to the said Managing Committee.” 4. The School in question was a private intermediate college under grant in aid. The Committee of Management sent a resolution to the State Government for provincialisation of the School. The State Government agreed and the School was provincialised on 02.08.2011. 5. The writ petition was filed by the petitioner on the ground that resolution of Committee of Management was that the School be made as ‘Model School’. It appears that the ‘Model School’ is a special category of Govt. Schools, which has a large support and finance by the Central Government and also for more facilities. 6. The order of provincialisation was challenged before the Division Bench of this Court and the Division Bench of this Court disposed of the writ petition on 24.07.2012 on the ground that there is no scope of passing any order in the matter, however it issued certain directions. 7. Aggrieved by the order of the Division Bench of this Court, Special Leave Petition was filed before Hon’ble the Supreme Court and the SLP was also dismissed. But Hon’ble the Supreme Court observed that no interference is required with the order of the Division Bench, however the Apex Court directed that incase, the District Education Officer fails to take steps in terms of the order of Division Bench, then the petitioner shall move appropriate application in the writ petition. 8. But Hon’ble the Supreme Court observed that no interference is required with the order of the Division Bench, however the Apex Court directed that incase, the District Education Officer fails to take steps in terms of the order of Division Bench, then the petitioner shall move appropriate application in the writ petition. 8. The State Government thereafter, rejected the claim of the petitioner for converting the School into a ‘Model School’. The order of the Government was challenged by way of filing writ petition, order of which is under challenge in this Special Appeal. Subsequently, another writ petition was filed, but the same was dismissed as withdrawn. 9. The learned Single Judge dismissed the writ petition, order of which is under challenge in this Special Appeal, observing that subsequent to the provincialisation of the School, the teachers, the lecturers as well as L.T. Grade teachers and most of the employees of the School have got the status of Government Servant, immediately after its provincialisation; they have become teacher in the Government School; once the School becomes provincialised, it has reached a finality; the clock cannot be put back. Moreover, the matter of provincialisation of the School has also attained its finality as the Division Bench of this Court has already declared the provincialisation valid. 10. We are unable to take a contrary view to which has been taken by the learned Single Judge. 11. The Special Appeal is dismissed accordingly.