IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2438 of 2007 (M/S) Committee of Management, Inter College-Harsila (Bageshwar) through its Chairman/President Sri Laxman Singh Fartiyal, S/O Late Sri Padam Singh Fartiyal. ……. Petitioner. Versus State of Uttarakhand through Director of Vidyalayi Shiksha Mayur Vihar, Dehradun and two others. … Respondents. Sri Manoj Tiwari and Sri K.N.Joshi, learned counsel for the petitioner. Sri Vinod Nautiyal, learned Additional Advocate General for the State- respondents no. 1-3. Date April 30, 2008. Hon’ble B.S. Verma, J. Heard Sri Manoj Tiwari with Sri K.N.Joshi, learned counsel for the petitioner and Sri Vinod Nautiyal, learned Additional Advocate General for the State-respondents no. 1 to 3. This writ petition has been filed to issue a writ, order or direction in the nature of certiorari to quash the order dated 17-11-2007 (Annexure No. 20) and the order dated 1-10-2007 (Annexure No. 15) passed by the respondent no.2. Further prayer for writ of mandamus directing the respondent no.2 to give approval to the newly elected committee of management Inter College Harsila, District Bageshwar has been made. By the order dated 17-11-2007, the representation of the petitioner dated 10-9- 2007 was rejected. By the order dated 1-10-2007, the District Education Officer Bageshwar has appointed authorized controller to operate single account on the ground that the term of management committee of the school concerned has expired and the Committee of Management has filed Writ Petition No. 718 of 2007 (M/S) before the High Court. Briefly stated, the relevant facts giving rise to the present writ petition are that the list of Members of the general body of the committee of management was approved by the District Education Officer Bageshwar vide his approval order dated 26-6- 2007 and the election of the committee of management of Inter College Harsila (Bageshwar) was held on 7-9-2007 and on the basis of election of committee of management, the petitioner sent a letter to the District Education Officer Bageshwar for approval of the newly elected members of the committee of management. The Officer concerned did not take any decision thereon. Then the petitioner filed Writ Petition No. 1939 of 2007 (M/S) before this Court. A direction was given vide order dated 10-9-2007 by this Court to the District Education Officer to decide the representation of the petitioner. The representation of the petitioner was rejected vide order dated 17-11-2007, which is impugned in the present writ petition. Having heard learned counsel for the parties and having perused the averments made in the writ petition, the counter affidavit as well as the rejoinder affidavit, it is evident that the impugned order has been passed only on the ground that the Writ Petition No. 718 of 2007 (M/S) is pending for disposal before the High Court, wherein the order cancelling the approval of the amended Scheme of Administration was assailed. Today, the said writ petition No. 718 of 2007 (M/S) has been allowed by this Court and the order passed by the Joint Director as well as Additional Director of Education, Kumaun Region, Nainital have been set aside and direction was given to the Director of Education to take fresh decision on the recommendation made by the District Education Officer to amend the Scheme of Administration. Considering the fact that the Writ Petition No. 718 of 2007 (M/S) has already been decided finally by this Court today, the order-dated 17-11-2007 passed by the District Education Officer Bageshwar is liable to be quashed. So far the order dated 1-10-2007 passed by the District Education Officer Bageshwar (Annexure No. 15) whereby the Finance and Accounts Officer (Madyamik) has been authorized to operate singe account is concerned, I do not find any perversity or illegally in that order. The writ petition deserves to be partly allowed. The writ petition is partly allowed. The order dated 17-11-2007 (Annexure No. 20) passed by respondent no.2-District Education Officer Bageshwar is quashed. The respondent no.2 is directed that after the decision is taken by the Director on the proposed amendment in the Scheme of Administration as mentioned in the order dated 30-4-2008 passed in Writ Petition No. 718 of 2007 (M/S), Committee of Management Vs. Director School Education and others, he shall pass appropriate order on the application, which was made by the Committee of Management for approval of election. Costs easy. All pending applications stand disposed of. (B.S. Verma, J.) RCP