2025:UHC:2032-DB HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 35 of 2025 21 March, 2025 Dev Kumari Singh --Appellant Versus State Of Uttarakhand and Other. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Parikshit Saini, learned counsel for the appellant.– Mr. B.S. Parihar, learned Standing Counsel for the State. Mr. B.D. Upadhyay, learned Senior Counsel assisted by Mr. Tushar Upadhyay, learned counsel for respondent no.5. ---------------------------------------------------------------------- JUDGMENT: (per Alok Mahra J.) The appellant is before this Court being aggrieved by the order dated 20.02.2025 passed by the learned Single Judge in Writ Petition (M/S) No.1158 of 2021, whereby the learned Single Judge had directed the respondent to hold the election for constituting the new Committee of Management. 2. Since the order of approval granted by the Chief Education Officer, District Udham Singh Nagar, whereby the list of 1007 persons as members of General Body, has been cancelled by the Divisional Additional Director (Secondary Education) Kumaon Division, Nainital vide order dated 27.04.2022, therefore, these 1007 1 2025:UHC:2032-DB members cannot be permitted to participate in the election. Furthermore, in light of the judgment passed by the learned Single Judge in Committee of Management Inter College Dhamkeshwar, Pauri Garhwal Vs. State of Uttarakhand & others, reported in 2013 SCC OnLine Utt 3650, the Authorized Controller has no power to induct the new members Committee of Management. 3. In such view of the matter, the impugned order cannot be sustained in the eyes of law. Accordingly, the Special Appeal is allowed and the impugned order dated 20.02.2025 is set aside. The matter is remitted back to learned Single Judge for consideration afresh. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 21.03.2025 BS 2