2025:UHC:10254 HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE SRI JUSTI CE MANOJ KUMAR TI W ARI W r it Pet it ion Misc. Sin gle No. 3 1 7 3 of 2 0 2 5 1 9 Nov em ber , 2 0 2 5 Committee of Management Govind Ballabh Pant Inter College, Kashipur, District U.S. Nagar. ---Petitioner Ver su s State of Uttarakhand & others. --Respondents -------------------------------------------------------------- Presence: - Mr. D.S. Patni, Senior Advocate, assisted by Mr. Dharm endra Barthwal, Advocate for the petitioner. Mr. Ganesh Dutt Kandapl, Additional Chief Standing Counsel and Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand / respondent nos. 1,2,3 & 5. Mr. Paritosh Dalakoti, Advocate for respondent no. 4. -------------------------------------------------------------- JUDGMENT G.B. Pant Inter College, Kashipur is a Government Aided Institution. Committee of Management of the said college suspended its principal, vide order dated 10.10.2024 in contemplation of inquiry and thereafter a charge-sheet was allegedly given to the principal. Section 39(7) of Uttarakhand School Education Act, 2006 provides that the order of suspension, unless approved by the competent authority, shall remain in force only for sixty days from the date of passing such order. The said provision is extracted below for ready reference: - “39(7). No such order of suspension shall, unless approved by the District Education Officer, shall remain in force for more than sixty days from the date of such order, and the order of the District Education Officer shall be final, and not be questioned in any court.” 1 2025:UHC:10254 2. Thereafter, another suspension order was passed against the principal on 16.07.2025. According to the petitioner, on 28.08.2025, a request was made to the Chief Education Officer to grant approval to the order of suspension passed against principal, which is still pending consideration. Annexure Nos.-13 & 14 to the writ petition are the letters issued by Chief Education Officer on 24.10.2025 and 30.09.2025, whereby Manager of the college was directed to pass necessary orders as per provisions of the Uttarakhand School Education Act and Regulations framed threunder. These letters reveal that principal had complained that he is not being permitted to join duties in the college even though the order of suspension has become inoperative for want of approval. 3. Learned counsel for the petitioner submits that the request made by the Management, vide letter dated 28.08.2025, is still pending consideration before the Chief Education Officer, therefore, he may be directed to take decision thereupon. 4. Since petitioner’s request is pending consideration before the Chief Education Officer, therefore, the writ petition is disposed of with the direction to the Chief Education Officer to take decision on petitioner’s request, as per law, within six weeks from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) Dt: 19.11.2025 Navin 2 NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f48 7df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.20 10:57:12 +05'30'