COMMITTEE OF MANAGEMENT INTER COLLEGE, DHAMKESHWAR, PAURI GARHWAL Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-11-47
HIGH COURT OF UTTARAKHAND
Decided on November 20,2013

Committee Of Management Inter College, Dhamkeshwar, Pauri Garhwal Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) Present writ petition has been filed by the Committee of Management of Inter College, Dhamkeshwar, Pauri Garhwal, which was elected in November, 2010 for a tenure of three years, from the date of the first meeting which was held on 10th November, 2010 and the term expired on 17th November, 2013. However on completion of the term the Committee started writing to the Education authorities to conduct the election of the Management Committee but in vain. Subsequently, petitioner filed present writ petition seeking mandamus from this Court to take due process of law and holding election of the Committee of Management. Impleadment application has also been filed on behalf of certain applicants, claiming to be necessary party in the present writ petition who are represented by Sri Navneesh Negi, Advocate.
(2.) Fact of the matter is that the Committee of Management, which was elected in the year 2010, for some reasons an Authorized Controller taking away the power of the Committee of Management of the said Institute was appointed on 07.06.2011 and by an order dated 17.04.2013 the order dated 07.06.2011 was recalled. The petitioner contends that even after the Authorized Controller was removed, he refused to give charge and not only this, after the order dated 17.04.2013, the charge was given to the Management as late as on 19.05.2013 and the Authorized Controller also inducted certain new members in the Committee which issue is also before this Court.
(3.) As far as the induction of new members of the Committee of Management is concerned, there is no power to the Authorized Controller to induct any new members when its term had come to an end.;


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