Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 928 (UTT)

Committee of Management Gram Vidhyapeeth Adarsh v. Chief Education Officer

2016-12-06

V.K.BIST

body2016
JUDGMENT : V.K. Bist J. In compliance of the order dated 02.12.2016 Chief Education Officer, Haridwar-Dr. (Smt.) Pushpa Rani Verma, is present in the Court. 2. Learned Chief Standing Counsel informed the Court that Dr. (Smt.) Pushpa Rani Verma is the District Education Officer, Secondary and at present she is holding the charge of Chief Education Officer, Haridwar. He informed that on previous date she could not come to the Court for filing her own affidavit as she was in the workshop, namely, National University of Educational Planning and Administration at Delhi from 28.11.2016 to 02.12.2016 due to which she has handed over charge of officiating Chief Education Officer to Shri Gopal Dutt Dimari, who happened to be Block Education Officer and is also holding Additional charge of District Education Officer, Primary. He also informed that Block Education Officers, who are working on regular basis, declined to accept the charge. He informed that Mr. Ambika Kumar showed his inability to accept the charge of District Education Officer (Secondary) and Chief Education Officer. The Block Education Officer placed at serial no.2 of the seniority list, namely, Mr. Naresh Sharma, was transferred to other district and thereafter Shri Gopal Dutt Dimari, the third senior most Block Education Officer, who was also holding the charge of District Education Officer, Primary was given the charge of District Education Officer (Secondary) and Chief Education Officer, Haridwar. 3. I find the reasons, given by the learned Chief Standing Counsel, are justified for giving charge to the Block Education Officer. Therefore, the presence of Chief Education Officer, Haridwar is exempted. 4. Heard learned counsel for the parties. 5. Present petition has been filed by the petitioner for direction to the respondents to immediately handover the charge of the institution namely “Gram Vidhyapeeth Adarsh Vidhyalya Junior High School Saraswati Nagar, Narsan, District Haridwar to the petitioner-committee of management, as the election of the committee of management has been held and the list of office bearers of the elected committee of management has been approved by the Deputy Registrar, Firm Societies & Chits Haridwar on 28.03.2016. 6. The fact that the election, held and approved by the competent persons, has been disputed by Mr. Pankaj Miglani and Mr. Lalit Miglani, learned counsel for respondent no.2. 6. The fact that the election, held and approved by the competent persons, has been disputed by Mr. Pankaj Miglani and Mr. Lalit Miglani, learned counsel for respondent no.2. They submit that the Deputy Registrar, Firm Societies & Chits Haridwar is not competent to approve the list of office bearers of the Committee of Management. They submit that there was no election. 7. Mr. Lok Pal Singh, learned counsel for the petitioner submits that election was duly held and has not been denied by the Chief Education Officer. 8. Learned Chief Standing Counsel for the State submits that since the election is in dispute and one Shri Meghraj Singh is repeatedly making objection about membership of new members and more than 22 years, the institution is being run by the authorized controller, it will be better if election of the Committee of Management is held as per scheme of administration of the institution. He further submits that the election which was allegedly held can be said to be the election of society only. In fact, the election of Committee of Management is yet to be held as per the scheme of the administration for which minimum requirement is 12 members. According to learned Chief Standing Counsel at present 9 members are undisputed. He submits that out of 13 members, 2 have died and about 2 members, there is a dispute regarding their membership. As far as 9 members are concerned, there is no dispute. He submits that the election should be conducted as per the scheme of the administration for the better administration of the institution. 9. Learned counsel for the petitioner submits that though election has already been held but in the interest of institution, petitioner is ready for new election to be held under the supervision of present Chief Education Officer. Same has also been agreed by the opposite party. On this, learned Chief Standing Counsel submits that in case direction is issued to the Education Authorities, the election will be held at the earliest. At this learned counsel for the petitioner submits that so far 2 members, about whom it is said that their membership is disputed, are concerned, the statement made by other side is without any basis. 10. At this learned counsel for the petitioner submits that so far 2 members, about whom it is said that their membership is disputed, are concerned, the statement made by other side is without any basis. 10. Considering the submissions of learned counsel for the parties and in the interest of justice, present petition is being disposed of in the following manner:- (1) As per Clause 8 of the scheme of administration, the general body of the Society will meet within a period of 20 days from today, the said meeting would be requisitioned by the Chief Education Officer and will recommend the name of four persons for the membership to the Additional Director of Education. (2) The names of 2 undisputed members, namely, Shri Bijendra Singh and Shri Kunwar Pranav Singh will also be considered by the general body for their membership. (3) On receiving the recommendation from general body, the Additional Director of Education will take action as per Clause 8 of the approved scheme of administration within one week. (4) Thereafter the Chief Education Officer will initiate the election process of the committee of management of the school in question without any delay and will get election conducted within a period of one month from that day. (5) The Chief Education Officer would appoint an Election Officer, which would not be the respondent no.2. It is directed in case she needs any help from district administration for ensuring the smooth election in question, the District Magistrate and S.S.P, Haridwar are directed to provide all necessary help to the present Chief Education Officer for conducting the election of Committee of Management. 11. Let a certified copy of this order be issued today itself.