IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.547 of 2004 (M/S) Mahinder Singh, S/o Sri Maharam Singh, R/o Village- Harchandpur, Pargana- Manglaur, Tehsil- Roorkee, District Haridwar, Manager Janta Junior High School, Harchandpur, Nizampur, District Haridwar. …… Petitioner. Versus State of Uttaranchal, through Secretary Education, Dehradun and others. .….. Respondents. Sri Rajendra Singh, learned counsel for the petitioner. Sri K.P. Upadhyay, learned Additional Chief Standing counsel for the State. Hon’ble B.S.Verma, J. Heard Sri Rajendra Singh, learned counsel for the petitioner and Sri K.P. Upadhyay, learned Additional C.S.C. for the State. The present writ petition has been filed by the petitioner for the following reliefs:- (a) A writ, order or direction in the nature of certiorari quashing the impugned order dated 14-6-2004 passed by the respondent No.2 (Contained as annexure No.6 to this writ petition). (b) A writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 not to interfere in the peaceful functioning of the newly elected management body of Janta Junior High School, Harchandpur, Nizampur, District Haridwar in pursuance of the impugned order dated 14-6- 2 2004 passed by the Respondent No.2 (Containing as annexure No.6 to this writ petition). (c) Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case may also be passé. (d) Award the cost of the writ petition to the petitioner. By the impugned order dated 14-6-2004, the District Basic Education Officer has appointed Authorised Controller and has directed to conduct the election of the Committee of Management and it was also directed that till the approval of the Committee of Management, the authorized controller shall continue. On 13-7-2004, this Court has passed an order that: - “Until further orders of this Court, operation of the impugned order dated 14-6-2004 passed by District Basic Education Officer, Haridwar shall remain stayed.” Learned counsel for the petitioner has contended that during the pendency of the writ petition although, the operation of the impugned order was stayed, however the District Education Officer has not taken any decision on the approval of the Committee of Management. Since, the election had already been held on 10-9- 2006, now there is no need to appoint Authorized Controller afresh. 3 In view of the above facts and circumstances of the case, the writ petition is allowed. The impugned order dated 14-6-2004 is hereby quashed. However, the District Education officer is directed to take a decision on approval of the newly elected Committee of Management. (B.S.Verma, J.) 01-09-2008 M.K.