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High CourtsSingle Bench(2025) 11 UK CK 0024

Committee Of Management Govind Ballabh Pant Inter College, Kashipur, District U.S. Nagar vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 19 November 2025

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition Miscellaneous Single No. 3173 Of 2025

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Judgment

6 paragraphs · 340 words

Manoj Kumar Tiwari, J

1.

G.B. Pant Inter College, Kashipur is a Government Aided Institution. Committee of Management of the said college suspended its principal, vide order dated 10.10.2024 in contemplation of inquiry and thereafter a charge-sheet was allegedly given to the principal. Section 39(7) of Uttarakhand School Education Act, 2006 provides that the order of suspension, unless approved by the competent authority, shall remain in force only for sixty days from the date of passing such order. The said provision is extracted below for ready reference:-

“39(7). No such order of suspension shall, unless approved by the District Education Officer, shall remain in force for more than sixty days from the date of such order, and the order of the District Education Officer shall be final, and not be questioned in any court.”

2.

Thereafter, another suspension order was passed against the principal on 16.07.2025. According to the petitioner, on 28.08.2025, a request was made to the Chief Education Officer to grant approval to the order of suspension passed against principal, which is still pending consideration. Annexure Nos.-13 & 14 to the writ petition are the letters issued by Chief Education Officer on 24. 10.2025 and 30.09.2025, whereby Manager of the college was directed to pass necessary orders as per provisions of the Uttarakhand School Education Act and Regulations framed threunder. These letters reveal that principal had complained that he is not being permitted to join duties in the college even though the order of suspension has become inoperative for want of approval.

3.

Learned counsel for the petitioner submits that the request made by the Management, vide letter dated 28.08.2025, is still pending consideration before the Chief Education Officer, therefore, he may be directed to take decision thereupon.

4.

Since petitioner’s request is pending consideration before the Chief Education Officer, therefore, the writ petition is disposed of with the direction to the Chief Education Officer to take decision on petitioner’s request, as per law, within six weeks from the date of presentation of certified copy of this order.