HARVINDAR SINGH CHADDA S/O LATE SANTOK SINGH CHADDA Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2012-11-88
HIGH COURT OF UTTARAKHAND
Decided on November 23,2012

Harvindar Singh Chadda S/O Late Santok Singh Chadda Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) Heard Mr. B. D. Pandey and Mr. H. C. Pathak, Advocates for the petitioner, Mr. Sharad Sharma, Senior Advocate assisted by Mr. Vipul Sharma, Advocate for the respondent no.4 / Committee of Management and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand.
(2.) The petitioner before this Court has challenged the order dated 07.09.2012 passed by the Director of Education, Uttarakhand, Dehradun / respondent no.2 whereby the representation of the petitioner was rejected confirming the order dated 29.06.2011 passed by the District Education Officer, Nainital wherein it was held that the term of the Committee of Management of Khalsha National Girls InterCollege, Haldwani Nainital stands extended from 3 to 5 years.
(3.) Brief facts of the case are that the petitioner is a lifetime member of a society known as Khalsha National Girls Inter-College, Haldwani, District Nainital. The said society runs a minority Institution and is registered under the Societies of Registration Act. Institute is a minority institute which is under a grant-in-aid scheme of the Government. The contention of the petitioner is that after implementation of the Uttaranchal Education Act 2006 (hereinafter referred to as Act), the term of the Committee of Management cannot be more than 3 years under Section 33 of the Act, which provides as under:- "33- Term of Management Committee In the Scheme of Administration framed under Section 29 of this Act, the term of office of the Committee of Management shall not be prescribed for a period exceeding three years.";


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