IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1031 of 2010 Gopal Singh Mehta ...Petitioner Versus State of Uttarakhand and others …Respondents Present : Mr. Bhupendra Bisht, Advocate for the petitioner. Mr. K. C. Tiwari, Brief Holder for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. Bhupendra Bisht, Advocate for the petitioner and Mr. K. C. Tiwari, Brief Holder for the State of Uttarakhand. 2. There is a society registered under the Societies Registration Act, 1860, and the whereby members of this society have elected a Committee of Management, which runs a Grant-in-Aid school known as “G.B. Pant Inter College, Chakarpur, Udham Singh Nagar. As per the scheme of administration, which has been formed by the Committee of Management and approved by the authorities, one of the conditions is that no member of the society who is a salaried employee can be elected as a member of the Committee of Management or office bearer of the Committee of Management. This is admitted position in law. 3. The petitioner being a member of the society was elected as member of the Committee of Management in the election process conducted on 30.3.2010. Consequently, the petitioner was elected as Manager. However, approval to this was not granted by the Education Authorities, as the said election was conducted in violation of the scheme of administration, as already been referred above, inasmuch as the Manager 2 could not have been elected as a member of the Committee of Management, as he was a salaried employee at the relevant time, being a clerk in Uttarakhand Transport Corporation, which is a statutory government corporation. Hence, the approval to the said election of the petitioner as Manager has rightly not been granted by the authorities. On 9.6.2010, an authorised controller was appointed and subsequently on 15.6.2010 the approval to the petitioner was rejected. These two orders have been challenged before this Court. A learned Single Judge stayed the order dated 15.6.2010 by which the authorized controller has been appointed as far as control of the institute is concerned. 4. Learned State Counsel Mr. K. C. Tiwari has relied upon the condition given in para 5(8) of the Scheme of Administration which says that a salaried person cannot be elected as the member or office bearer of the Committee of Management and pleaded that the approval has rightly been rejected, as election has been done in violation of scheme of administration. 5. This Court is, therefore, of the view that the impugned order has rightly been passed and does not call for any interference by this Court. The writ petition though fails and is presently dismissed. The interim order dated 30.6.2010 is also vacated. 6. Respondent no.4 i.e. District Education Officer, District Udham Singh Nagar is hereby directed to proceed in accordance with law so that institute gets its Committee of Management duly elected in accordance with law, as expeditiously as possible. The proceeding be initiated forthwith. Needless to say that “in accordance 3 with law” would include in accordance with the scheme of administration, which is presently in force. 7. No order as to costs. Sudhanshu Dhulia, J.) 13.12.2011 Kuldeep