IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL In Writ Petition No.1375of 2006 (M/S) Balraj Pasi S/o Shri Yograj Pasi, R/o Ward No. 12, Bajpur, District-Udham Singh Nagar. ……Petitioner Versus State of Uttaranchal & others. ……Respondents. Mr. S.K.Mandal Advocate for the petitioner. Mr. K.P.Upadhyay, Addl. C.S.C. for the State/respondents No. 1 to 4 &6. Mr. Mohd. Azim, Advocate holding brief of Mr. B.S.Parihar, Advocate of the respondent No.5 With Writ Petition No.531 of 2008 (M/S) Darshan Lal Goyal aged about 47 years, S/o Sri Kapoor Chand Goyal, Ex-Manager and Member of the General Body of the Bajpur Intermediate College, Bajpur, District Udham Singh Nagar. ……Petitioner Versus Joint Director of Education and others. …. Respondents. Ms. Jyoti Joshi, Advocate holding brief of Mr. B.D, Upadhyay, Advocate for the petitioner. Mr. K.P.Upadhyay, Addl. C.S.C. for the respondents No. 1 and 2. Mr. Alok Mehra, Advocate for the respondent No.3. Dated:-16-06-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of writ petition No. 1375 of 2006 (M/S), the petitioner has sought a writ in the nature of certiorari for quashing the letter dated 28.12.2005 written by the Joint Director to the Director of 2 Education (AnnexureNo.9) to the writ petition, whereby the time of Committee of Management was extended from three years to five years. The period of Committee of Management was extended upto 27.11.2007. Since, the period of Committee of Management had already been expired, therefore, the relief No.1 has become infructuous. According to the petitioner, the prayer nos. 2 & 3 had already become infructuous and the only prayer no.4 remains to be decided by this Court. The petitioner has prayed in relief No.4 to issue a writ in the nature of mandamus directing and commanding the respondents to hold the fresh election as per the Scheme of administration at the institution Annexure No.2 to the writ petition. By means of writ petition No. 531 of 2008 (M/S), the petitioner has sought a writ in the nature of certiorari for quashing the order dated 08.03.2008 passed by respondent No.3 (Annexure-6) to the writ petition, whereby applications were invited by the Authorized Controller for conducting the election of the Committee of Management It has been further prayed by the petitioner, that a direction be given to the respondents to conduct an election of Committee of Management on the basis of the duly approved members of the General Body, who are already on record. In the respondent institute the Authorized Controller was appointed, the dispute arose when the Authorized Controller has invited application for induction of new members for which he is not authorized to do so. The controversy involved in the present writ petition is that whether the Authorized Controller is competent to induct members 3 like the Committee of Management. Induction of members is not within the competence of controller like Committee of Management. So far as the relief to conduct the election is concerned in both the writ petitions before election the list of the members who will participate in the election of Committee of Management have to be finalized. Counter affidavit has been filed by Authorized Controller wherein (Annexure-3) dated 31.05.2007 has been thereby three members committee was constituted by District Education Officer and also found that there are some illegalities in the induction of members. The learned counsel for the petitioner has relied upon the judgment of the Allahabad High Court in the case of S.K.Mishra and another Vs. District Inspector of Schools, Orai and another [(1996) 2 UPLBEC, 896] wherein it has been held that the Authorized Controller has no power to induct new members and he cannot take upon himself the functions of the Committee of Management. In the fitness of things and in the interest of justice it is directed that Additional Director, Kumaon Mandal shall finalize the list of the members after scrutiny of the record of the institutions as well as on the basis of the inquiry report. Before finalizing the list, the Additional Director, Education Kumaon Mandal shall publish a public notice for inviting the objections in the local newspaper i.e. ‘Amar Ujala’ or ‘Dainik Jagran’ and the members who are affected by the earlier reports of Sub Divisional Magistrate and three members committee, may also file their objections before the Additional Director and the Additional Director may finalize the list after hearing the objections, thereafter on the basis of report preferably with the period of three months from the date of production of certified copy of this order and the election of 4 Committee of Management shall be conducted by Authorized Controller in further period of two months thereafter. With the said observation and direction the writ petitions are disposed of finally. (B.S.Verma, J.) 16-06-2010 JM