Decided on May 17,2012

Pushkar Singh Bisht Appellant


B.S.VERMA, J. - (1.) (Intervention Application No. 4550/2012) (Stay Vacation Application No. 4551/2012) Heard Sri V.B.S. Negi, Senior Advocate, assisted by Mr. Naveen Tewari, Advocate for the petitioner, Sri K.C. Tewari, Brief Holder on behalf of respondents and Sri A.S. Rawat, Senior Advocate assisted by Sri Ravindra Singh Bisht, Advocate appearing on behalf of intervener.
(2.) BY means of this petition the petitioner has sought a writ in the nature of certiorari to quash the order dated 30.3.2012 passed by the respondent No.1 contained in Annexure No.7 to the writ petition. Further prayer was made to direct the respondents to conduct the election of the Committee of Management on the basis of the duly approved members of the General Body who are already on record.
(3.) SRI Ashok Duklan and Sri Virendra Garhdesi have filed intervention application 4550/2012 and stay vacation application No. 4551/2012 and prayed for vacation of interim order dated 19.4.2012 passed by this court. In the intervention application the stand taken by the applicants is that the members who had been inducted without the approval of the District Education Officer, they cannot be treated a valid members. At the time of induction of members on 2 -6 -2010 an advertisement was issued in the daily news -paper 'Badri Vishal inviting application for membership for Janta Inter College Ramardaang, District Pauri Garhwal, but the said news -paper is not circulated in the vicinity of Block Kaljikhal, District Pauri Garhwal and the interveners/applicants were not aware about the said publication. Then the applicants made a representation to the Joint Director of Education, Pauri requesting therein that the advertisement so published in the newspaper 'Badri Vishal be cancelled and the same be published in the daily newspaper 'Amar Ujala and 'Dainik Jagaran and to to take necessary action for inducting the members in the institution. However, no date has been mentioned in the representation. It appears by a perusal of Annexure No.3 annexued with intervention application that on 14/15.7.2010 the Additional Director of Education, Garhwal Mandal Pauri directed the District Education Officer, Pauri to hold an enquiry at his own level and dispose of the matter accordingly, as to whether the members have been inducted without any advertisement. Thereafter inquiry was conducted by the District Education Officer. In turn inquiry was completed through Khand Shiksha Adhikari, Kaljikhal, Pauri and report was submitted. By a perusal of para Nos. 5 to 10 of the report dated 27.7.2010/2.8.2010 submitted by Khand Shiksha Adhikari, it shows that all the members who were inducted have been inducted in a prescribed manner, as has been given in the 'scheme of administration and they were inducted by resolution dated 17.7.2010. On the basis of the inquiry report impugned order has been passed by the District Education Officer to the effect that the members who have been inducted by the Committee of Management have not been inducted by a proper advertisement, therefore, direction was given to constitute new Committee of Management and action for advertisement be taken within a week to induct the members and thereafter the list be sent for approval for the constitution of new Committee of Management. This direction was given by the District Education Officer to the Authorised Controller.;

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