HC clarifies powers in non-govt school management disputes

Dehradun: Uttarakhand high court has clarified the jurisdiction of authorities in disputes related to non-govt school management, holding that the director of education has powers under the Uttarakhand School Education Act, 2006 to supervise management matters and probe irregularities in appointments.A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay passed the order while hearing a special appeal filed by the management committee of RMPP Vidyalaya Inter College, Gurukul Narsan, Roorkee.The court said the director could investigate complaints regarding appointments, rectify deficiencies and, if required, recommend removal of a management committee and appointment of an authorised controller by the state govt. However, it clarified that disputes relating to management committee elections fall within the jurisdiction of the registrar of chit funds and societies under the Societies Registration Act, 1860.The bench directed the committee constituted by the director of school education to investigate alleged irregularities in appointments to complete its inquiry within 12 weeks.The case arose after a single bench dismissed a petition challenging an inquiry initiated by the additional director and the director of education into alleged irregularities in appointments and management committee elections.Subsequently, the school management committee questioned the validity of the inquiry committee constituted by the director of school education. A three-member inquiry committee had been formed in Jan last year by the additional director, Garhwal, and later by the director of school education following a complaint.The complaint was filed by a lifetime member of the school's general body, alleging misuse of powers by the management committee and irregularities in appointments. Elections to the management committee were held on Jan 15, 2025.During the hearing, chief standing counsel Chandrashekhar Rawat and govt advocate Naveen Tiwari submitted that the director was empowered under the Act to examine irregularities.While modifying the single bench order, the division bench observed that although education authorities have supervisory powers under Section 29(7) of the Act, they cannot adjudicate election disputes between rival committees. Such matters, the court said, must be decided under the Societies Registration Act.The court quashed the order relating to the formation of a committee to examine the April 9 election dispute but allowed the inquiry into appointment-related irregularities to continue.