HIGH COURT OF UTTARAKHAND AT NAINITAL (1) Writ Petition No. 1333 of 2009 (M/S) Navin Kaushik. … Petitioner. Versus Director, School Education & 2 others. … Respondents AND (2)Writ Petition No. 1162 of 2009 (M/S) Navin Kaushik. … Petitioner. Versus Director, School Education & 5 others. … Respondents Mr. Alok Mehra, Advocate for the petitioner, Mr. K.P. Uppadhyay, Addl. Chief Standing Counsel for the State, Mr. V.K. Kohali, Senior Advocate Assisted by Mr. S.C. Tyagi, Advocate for private respondents. Dated: August 20,2009: Hon’ble V.K. Bist, J. Heard learned counsel for the parties and perused the entire record. 2. Writ Petition no. 456 of 2005 (M/S) Sanjeev Tyagi and three others vs. State of Uttaranchal and six others was filed by few members of general body of Nehru Rashtriya Inter College, Manglore, district Haridwar for direction to Joint Director of Education, Garhwal Mandal, Pauri and District Education Officer, district Haridwar to call for and finalize the list of voters of the members of general body of the Institution for getting the election conducted of the Management Committee and also for quashing the election programme by the Returning Officer. Direction was also sought for Joint Director of Education, Garhwal Mandal, Pauri and District Education Officer, Haridwar to get the election of the Committee of Management held strictly in accordance with the 2 provisions of the Scheme of Administration from amongst the valid members. 3. The said Writ Petition no. 456 of 2005 (M/S) was finally disposed of on 20th July 2005 with the following directions:- i. A fresh election programme will be published within fifteen days from today, from the stage it got held up under interim orders of this Court, ii. Since membership of the newly inducted voters is seriously disputed between the parties at this stage, therefore, from amongst the voters, the list of voters as it existed prior to 10.10.2002 shall be treated to be a valid voters list for the impugned election, iii. The elections shall be supervised by the District Education Officer, Haridwar or his nominee, and the Election Officer (respondent no.7) already nominated by the Management Committee shall conduct the elections, iv. The elections shall be held as per the Scheme of Administration subject to observations made in this judgment. In case, the elections are not held within 45 days from today, the Education authorities shall be at liberty to appoint an Administrator/Controller as per the Rules, v. As to the new members which were inducted on or after 10.10.2002, their matters will be examined once again by the respondent nos. 3 & 4 if necessary through some responsible officer of Education Department, who shall submit his report within reasonable time to the Education authorities. The Education authorities shall intimate to the Manager of the College in due course (before or after the impugned elections) as to which of the new members are approved. 4. Against the order dated 20th July 2005 a Special Appeal no. 42/2005 was filed and the same was disposed of on 10th August 2006 whereby the judgment of Hon’ble the Single Judge was affirmed. Division Bench of this Court gave 45 days time for completing the election process. 3 5. In compliance of the judgment passed in the aforesaid writ petition, election of the Committee of Management was held on 30.08.2006 and now the term of this Committee of Management is expiring on 30th August 2009. 6. There was another direction given by Hon’ble the Single Judge by which the Joint Director of Education, Garhwal Mandal, Pauri and District Education Officer, district Haridwar were directed to examine the matter relating to the new members which were inducted on or after 10.10.2002. It was provided in the said judgment that if found necessary the matter may be examine through some responsible officer of Education Department, who shall submit his report within reasonable time to the Education authorities and the Education authorities shall intimate to the Manager of the College in due course (before and after the impugned elections) as to which of the new members are approved. 7. In compliance of the aforesaid directions the Addl. Direction of Education, Garhwal Mandal, Pauri decided the matter relating to the new members and declared the membership of 500 members as invalid. Against the order of the Addl. Direction of Education, the above mentioned writ petitions have been filed. 8. The main argument of the learned counsel for the petitioner is that before passing the impugned order, the Addl. Director of Education has not gone through the entire record; no enquiry was held before passing the order impugned and, in fact, the Education Authority has not taken into consideration the relevant records. 4 9. It has been informed in the Court that election programme has been rescheduled according to which the election process will commence from 11.09.2009 and the election will be held on 14.09.2009. This Court is not examining the merits of the case as during the course of arguments the parties have come to an agreement and with the consent of the parties the following order is being passed:- (i) The Addl. Director of Education, Garhwal Mandal, Pauri, after examining the matter relating the membership of the new members which were included on or after 10.10.2002, shall decide the matter of new members afresh on or before 7th September, 2009 in the light of the observations made in the judgment dated 20th July 2005 in Writ Petition no. 456 of 2005 (M/S) and the judgment dated August 10, 2006 passed in Special Appeal no. 42 of 2005. The Addl. Director of Education will also give a public notice afresh in daily news papers circulated in district Haridwar inviting suggestions/ objections regarding new membership. The Committee of Management of the College, shall bear the expenses of the publication. (ii) The Addl. Director of Education shall pass a reasoned order. 10. With these directions both the writ petitions are disposed of. No order as to costs. 11. Let certified copy of this order be supplied to the learned counsel for the parties within 24 hrs. on payment of usual charges. (V.K. Bist, J.) 20.08.2009 NCM: