VINAYAK INTER COLLEGE & OTHERS Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2013-12-79
HIGH COURT OF UTTARAKHAND
Decided on December 05,2013

Vinayak Inter College And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) This petition is filed on behalf of certain individuals, who claim to be the erstwhile members of the Committee of Management of the School, known as 'Vinayak Inter College' as well as some of them are the employees of the said school.
(2.) This school started as a private intermediate college under grant-in-aid, but thereafter on the resolution of the Committee of Management of this school steps for provincialisation of the school were undertaken in accordance with law, by the State Authorities. The stand taken by the petitioner before this Court is that the resolution of the Committee of Management was that the school be made a "Model School". What precisely this "Model School" is has nowhere been explained by the petitioner or the respondents, but from the arguments of the learned counsel for the parties before this Court, it emerges that "Model School" is a special category of Government schools which have a large support and finance by the Central Government under some scheme.
(3.) In the first round of litigation, which was filed by the petitioners against the provincialisation of the school which was provincialised vide order dated 02.08.2011. This order of provincialisation is under challenged before this Court in the Division Bench. The said writ petition was disposed of the Division Bench vide order dated 24.07.2012 on the ground that there is no scope of passing any order in the matter. However, the Division Bench of this Court while disposing of the matter passed following order:- "Accordingly, we find there is no scope of passing any order, as prayed for in the writ petition, but it is obligatory on the part of the Managing Committee of the School and each of its members to ensure that provincialisation of the School is complete as quickly as possible and, accordingly, we direct each member of the erstwhile Managing Committee of the School to forthwith make over all books, papers and documents pertaining to the School to the District Education Officer. The word 'forthwith' must be deemed as such and shall not, in any case, extend one week from today. The District Education Officer, upon receiving of those books, papers and documents, shall prepare an inventory thereof and obtain signatures of at least two members of the erstwhile Managing Committee on the said inventory. The District Education Officer is also directed to ascertain, whether the books, papers and documents, thus, handed over, are sufficient If so, to make an endeavour to find out, whether the School qualifies for being declared a model school under the scheme of the Central Government and if it is found that the School may be declared a model school to take such steps as are required to be taken for obtaining such declaration. Exercise in that regard must be completed as quickly as possible, but not later than two months from the date of receipt of the documents, as mentioned above. 3. With the directions as above, the writ petition is disposed of. Let a copy of this order be handed over to the learned counsel for the State for communication to the District Education Officer, Almora.";


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