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Judgment
The present writ petition has been filed by the petitioners assailing the resolution dated 17.07.2026 passed by the elected Board of Nagar Palika Parishad, Mussoorie recommending to the State Government the provincialisation of M.P.G. College, in view of the declining student strength, deterioration in educational standard and limited resources. Petitioner no.1 is Professor in the college, petitioner no.2 is Assistant Professor and petitioner no.3 is Lab Assistant. The recommendation for provincialisation has been made subject to the condition that the service conditions of the teachers and employees shall remain unchanged.
Learned counsel for the petitioners submitted that the elected Board of Nagar Palika Parishad, Mussoorie had no power or jurisdiction to make any such recommendation. The submission is that the college is governed by a Committee of Management, and the power to make any such recommendation vests in the Committee of Management, which has been wrongly usurped by the Nagar Palika Parishad.
The petitioners have themselves annexed along with the writ petition the resolution of the Executive Council of the Agra University dated 05.07.1963, by which permission was granted to the then City Board, Mussoorie (predecessor of the present Nagar Palika Parishad) to establish the college in question for running classes upto B.A. It makes a reference to the resolution passed by the City Board, Mussoorie dated 25.06.1963 by which the City Board sanctioned Rs.3 lakhs for establishing the Degree College. There is also a reference to a G.O. dated 29.05.1963, by which the Government granted approval to the City Board to incur the expenditure. The main reason for establishing the institution at Mussoorie was that it is a centrally situated place in Garhwal and it would attract a large number of students. There is also a recital to the effect that the future finances would be met by the U.P. Government and the City Board. Condition no.10, subject to which the permission was granted, provided that the City Board would be obliged to meet the entire expenditure from its own resources, or with the help of such grants as it was able to get from the Government.
Although, the case of the petitioners is over the years, the City Board and its successor, the Nagar Palika Parishad, Mussoorie, has been extending only a meager grant, and the institution is meeting the expenses from income earned by it, however, that would not detract from the fact that the institution was established by the City Board, which therefore has an intrinsic connection with the institution and its welfare.
The impugned resolution of the City Board is only recommendary in nature. It does not by itself, result in provincialisation of the College. The recommendation, as noted in the resolution itself, has been made solely in the interest of the students. Further, the Nagar Palika, while making the recommendation, has taken care of the interest of the teaching staff and employees by providing that, in the event, its recommendation is accepted, the service conditions of the teachers and the employees should remain unchanged.
The petitioners are members of the teaching faculty and an employee of the institution. The impugned resolution does not adversely affect the petitioners. There would be no diminution in the salary or emoluments even if the recommendation is accepted and the institution is provincialised. The present writ petition is not an outcome of any prejudice to the petitioners, but appears to be a sponsored litigation at the behest of some other person, as we are informed that there are serious disputes in regard to the management of the institution.
In view of the above, the writ petition is dismissed.
Pending application(s), if any, stand disposed of accordingly.