SHOBAN SINGH NEGI Vs. DIRECTOR OF SCHOOL EDUCATION
HIGH COURT OF UTTARAKHAND
Shoban Singh Negi
DIRECTOR OF SCHOOL EDUCATION
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B.S.VERMA, J. -
(1.) HEARD .
(2.) BY means of this writ petition, the petitioner has sought following relief: -
1. Issue a writ, order or direction in the nature of certiorari quashing the impugned Resolution No. 1 dated 06.07.2011 passed by the
Committee of Management, adding the three clauses without amending the
scheme of administration under the Uttarakhand School Education Act,
annexed as annexure no. 5 to the writ petition.
2. Issue a writ, order or direction, in the nature of certiorari quashing the impugned Resolution No. 1 dated 19.07.2011, passed by
Committee of Management, whereby the Resolution dated 06.07.2011 was
amended and Clause 1 -Ga was retained as amended by the Resolution dated
06.07.2011, annexed as Annexure no. 4 to the writ petition.
(3.) ISSUE a writ, order or direction, in the nature of certiorari quashing Resolution No. 2 dated 31.07.2011, passed by the Committee of
Management rejecting the bank drafts of 432 members dehorse to the scheme
of administration, annexed as Annexure no. 6 to the writ petition.
Issue a writ, order or direction, in the nature of mandamus commanding the respondents to accept the bank drafts as wrongfully
rejected by the Resolution dated 31.07.2011 and to include their name in
the list of voters for the proposed election of the committee of
3. Learned Senior Advocate, appearing on behalf of the petitioner has contended that as per clause 7 of the Scheme of Administration, the
basic criteria and eligibility for becoming the member of Sadharan Sabha
is that the person should be a well wisher of the society, he may be
belonging to any caste and religion, he should not be insane and should
not be of more than 21 years of age. It is further provided that any
person desirous to become the member of Sadharan Sabha will have to
prepare a draft in favour of the institution, which could be received by
any office bearer of the Committee, which would be deposited with the
Treasurer. He further contended that Committee of Management has also
made a provision that inviting application for membership, an information
be published in newspaper, which has its vide circulation in the area.
4. Vide resolution dated 06.07.2011, the Committee of Management resolved to lay down three conditions for the purposes of induction of
its members. The clause 'Ka, provided that the Committee will not
accept the membership of those persons who were residing distinct places
from Kotdwar while clause 'Kha provided that the person who submits the
draft and casts vote without he being identified should be restrained
from being inducted as member and whereas clause 'Ga provides that all
drafts, which have been received for membership would be declined to be
accepted if it does not contain complete address of the person applying.
Later, vide resolution dated 19.07.2011, clause 1 -Ga of the resolution,
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