IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 494 of 2010. 1. Committee of Management Smt. Shakuntala Shastri Smarak Mahila Inter College, Sati Kund Kankhal, Haridwar, through its Manager. 2. Ashok Shastri S/O Late Sri Mool Chand Shastri, Secretary, Mahila Vidhyalaya Association, Sati Kund Kankhal, Haridwar. … Petitioners. Vs. 1. State of Uttarakhand through Secretary, School Education Department, Government of Uttarakhand, Dehradun. 2. Director School Education, Uttarakhand, Dehradun. 3. District Education Officer, District Haridwar. …Respondents. Mr. Paresh Tripathi, Advocate, learned counsel for the petitioners. Mr. K.P.Upadhyay, learned Additional C.S.C. for the respondents. Date April 08, 2010. Hon’ble B.S.Verma, J. (Interim Relief Application No. 2356 of 2010) Heard Mr. Paresh Tripathi, Advocate, counsel for the petitioners and perused the record. By means of this writ petition, the petitioners have sought the following reliefs:- I. Issue a writ, order or direction in the nature of certiorari quashing the model scheme of administration issued by the respondent no. 2 and the order dated 22-1-2009 amending the impugned model scheme of administration passed by respondent no. 2 contained as Annexure Nos. 1 to the writ petition respectively, after summoning the original of the same from the respondents. II. Issue a writ, order or direction in the nature of certiorari quashing the orders dated 04-11-2009 and 12-03-2010 issued by respondent no. 3 contained as Annexure No. 4 and 4-A (Colly) to the writ petition, after summoning original of the same from the respondents. 2 III. Issue a writ, order or direction in the nature of mandamus restraining the respondents from interfering in the management of the petitioners’ institution on the basis of the impugned model scheme of administration and to allow the petitioners to run and manage the institution as per their approved scheme of administration prevailing since before creation of State of Uttarakhand. IV. Issue a writ, order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case. V. Award the cost of the petition. The grievance of the petitioners is that the respondent nos. 2 and 3 in preparing and circulating the model scheme of administration for the recognized colleges in the State of Uttarakhand are pressurizing the petitioners to submit the scheme of administration as per Model Scheme of Administration so circulated against the provisions of the Uttaranchal School Education Act, 2006 (for short the Act). During the course of arguments, learned Additional Chief Standing Counsel has submitted that this petition may be disposed of finally at the admission stage without inviting counter affidavit from the respondents. The contention of the learned counsel for the petitioners is that the college of the petitioners had been recognized long back and the Scheme of Administration of the petitioners’ institution is already approved as per provisions of the U.P. Intermediate Education Act, 1921, while the Act has been enacted by the State of Uttarakhand in the year 2006. Learned counsel also contended that the respondent no. 2 cannot impose a condition by the impugned order which is not prescribed under the provisions of the Act. 3 The learned Additional Chief Standing Counsel for the respondents have submitted that the provisions regarding Scheme of Administration are contained in Sections 29, 30 and 31 of the Act. In the facts and circumstances of the case, without entering into the merits of the case, it is directed that the petitioners shall submit before the respondent no. 2 the Scheme of Administration, which was approved under the provisions of the U.P. Intermediate Act, 1921, prior to coming into force of the Act, within a period of one week from today and the respondent no. 2-Director School Education, Uttarakhand, Dehradun, within a period of two weeks’ thereafter shall examine the same as per provisions of the Act including the principles laid down in the Schedule One appended to Section 30 of the Act and shall pass speaking order in the matter in accordance with law. Till then, the respondent no. 2 shall not enforce upon the petitioners the proposed Model Scheme of Administration. With the above direction, the writ petition is disposed of finally. Certified copy of this order be issued to the learned counsel for the petitioners by tomorrow on payment of usual charges. (B.S.Verma,J.) RCP 4