IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1385 of 2008 (M/S) Sri Suresh Parmar, S/O Sri Lalita Singh, R/O Mazra, Mohabbewala, District Dehradun, Uttarakhand and 41 others. ……... Petitioner Versus State of Uttarakhand through Secretary, Secondary Education, Dehradun and three others. …….Respondents. Sri Paresh Tripathi and Sri. C.K. Sharma, learned counsel for the petitioners. Sri K.P. Upadhyay, learned Additional C.S.C. for the State-respondents no. 1 to 3. Date August 08, 2008 Hon’ble B.S. Verma, J. Learned counsel for both the parties are ready to argue the writ petition finally today without inviting counter affidavit from the State-respondents. Heard learned counsel for the parties and perused the record. This writ petition has been filed for quashing the impugned order dated 9-7-2008 passed by the District Education Officer Dehradun (copy Annexure No. 1 to the writ petition) whereby the membership of the petitioner has been declared invalid and their names have been deleted from the list of the members, which was approved earlier by order dated 23-11-2007 passed by the District Education Officer himself. Copy of the approval order has been annexed as Annexure No. 9 to the writ petition and the names of the petitioners find place therein. According to the petitioners, after the said approval of the list, the District Education Officer suo motu suspended the election process vide order dated 14-2-2008 and subsequently passed amended order on 15-2-2008. Aggrieved by the order of the District Education Officer on the ground that after the election process had started, the District Education Officer has no power to suspend the election programme, a Writ Petition No. 519 of 2008 (M/S) Management Committee, Janta Inter College, Nayagaon (Malhan) Dehradun through its Manager Vs. State of Uttarakhand and two others was filed before this Court and by order dated 20-3-2008, the operation of those two orders was stayed. Copy of the order dated 20-3-2008 has been annexed as Annexure No. 13 to the writ petition. Now, by the impugned order, the District Education Officer Dehradun started the election process, but without giving opportunity of hearing to the petitioners, their names have been deleted from the list of members and they were declared invalid members by the order under challenge. The grievance of the petitioners is that the District Education Officer passed the impugned order without giving opportunity of hearing to them and even the copy of order was not sent to them. It has been contended by the learned counsel for the petitioners that when the petitioners came to know of the order passed by the District Education Officer, they got the copy of the order under the Right to Information Act on 17-7-2008 (Copy Annexure No. 3) and only thereafter, they filed objection (copy Annexure No. 4) against the order impugned before the District Education Officer Dehradun and copy of the same had been endorsed to the Additional Director of Education and others. It has further been submitted by the learned counsel for the petitioners that the District Education Officer has no jurisdiction to recall his own order, once he had approved the list of members on 23- 11-2007 (copy Annexure No. 7) In the course of arguments, the learned counsel for the petitioners has urged that the date of nomination is 17th August, 2008 and it is necessary that the objection, which is pending for disposal be heard by some higher Officer prior to nomination of election. Since 15th, 16th and 17th August 2008 are holidays and the date of nomination is 17th i.e. Sunday, therefore, it is expedient in the interest of justice that the objection be decided prior to nomination. In the peculiar facts and circumstances, it is directed that instead of the District Education Officer, Dehradun, the second respondent-Additional Director of Education, Garhwal Region, shall decide the objection of the petitioners (copy Annexure No. 4 to the writ petition), which was filed before the District Education Officer Dehradun on 22-7-2007, after hearing the petitioners, expeditiously within a period of three days from the date of production of certified copy of this order. With the said direction, the writ petition is disposed of finally. Certified copy of this order be issued to the learned counsel for the petitioners today on payment of usual charges. (B.S. Verma, J.) RCP