Committee of Management and Another vs State and Others

B.S. Verma, J.—Heard learned Counsel for the parties.

Admit the petition.

Vide order dated 17.03.2009, two weeks'' time was granted to the Respondents for filing counter affidavit by this Court. On 16.06.2009, further three weeks'' time was granted to Respondents as a last opportunity to file counter affidavit and meanwhile it was directed that in case the Petitioners submit scheme of administration as per the Act, the concerned authority will take a decision on it. Again on 15.07.2009, further two weeks'' time was granted to the State to file counter affidavit.

According to the Petitioners the authority concerned has neither taken decision till date nor counter affidavit has been filed despite of several opportunities given.

Learned Counsel for the Petitioners argued that the Scheme of Administration circulated to the private institutions by the Respondent is violative of Article 19(1)(c) of Constitution of India. It is further contended that para-5 of the Model Scheme, prohibits a member of the Committee of Management to hold an office for more than two times. It is further submitted that condition No. 7 in para-6 of Model Scheme of Administration, restricts that the members of Committee of Management should not be related to each other. Learned Counsel for the Petitioner argued that all these conditions are against the spirit of statute of Uttarakhand School Education Act, 2006.

Having heard learned Counsel for the Petitioners and learned Counsel for the State, operation of impugned order dated 22.01.2009, passed by Respondent No. 3, is stayed until further orders of this Court to the extent it relates to the Petitioners of this writ petition.

Respondents are allowed further three weeks'' time to file counter affidavit.

List along with connected petition in the week commencing 28.02.2011.