Committee Of Management, Janta Junior High School vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

The delay condonation application (CLMA No.7750 of 2019) is allowed. The delay in filing the counter affidavit is hereby condoned.

Counter affidavit filed on behalf of respondent nos.2 & 3 is taken on record.

The petitioner before this Court is a Committee of Management which runs a junior high school, namely, Janta Junior High School.

Vide impugned order dated 08.08.2018 the Authorized Controller has been appointed to run the affairs of the school. Although it has not specifically stated in the impugned order as to why Authorized Controller is being appointed but it has now come in the counter affidavit filed by the State that such an order has been passed as the school is being run without the approved scheme of administration.

When pointed question was put to the learned counsel for the petitioner in this regard, he has clearly submitted that the school is not being run under any approved scheme of administration as there is no approval of the education authorities.

In view of this, no relief can be granted to the petitioner. However, the petitioner would be at liberty to move a representation before the concerned authorities with the scheme of administration in accordance with Uttaranchal School Education Act, 2006 along with relevant schedule and in case the scheme of administration is in accordance with law, the respondent authorities shall consider granting approval to the scheme as expeditiously as possible and elections to the management committee be conducted so that the school is being run by a duly elected committee of management.

Let the entire exercise be completed within a period of six months from the date a certified copy of this order is received by the concerned authority.

The writ petition stands disposed.