Allahabad High Court
C/M Gandhi Ismarak Inter College And ... vs State Of U.P. Thru Secy. Madhyamik ... on 16 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
1
Reserved on 9.7.2010
Delivered on 16.7.2010
Court No. 39
Civil Misc. Writ Petition No. 18046 of 2009
Committee of Management, Gandhi Ismarak Inter College,
Jaingara Agra & Anr.
Vs.
State of U.P. & Ors.
with
Civil Misc. Writ Petition No. 65638 of 2009
Committee of Management, Gandhi Ismarak Inter College,
Jaingara Agra & Anr.
Vs.
State of U.P. & Ors.
~~~~~~~
Hon'ble Dilip Gupta, J.
Writ Petition No. 18046 of 2009 has been filed by the Committee of Management of Gandhi Ismarak Inter College, Jaingara Agra and Ajay Singh claiming himself to be its Manager for a direction upon the District Inspector of Schools, Agra to attest the signatures of Ajay Singh as the Manager of the Committee of Management of the Institution pursuant to the elections held on 21st May, 2008. A further direction has been sought to restrain the District Inspector of Schools from holding any proceeding pursuant to the notice dated 15th January, 2009.
Writ Petition No. 65638 of 2009 has been filed by the Committee of Management of Gandhi Ismarak Inter College, Jaingara Agra and Ganesh claiming himself to be its Manager for quashing the order dated 10th May, 2008 passed by the Sub-Divisional Magistrate, Agra and the order dated 9th June, 2008 passed by the District Inspector of Schools, Agra. By the order dated 10th May, 2008, the Sub-Divisional Magistrate, Agra, pursuant to the directions issued by the Court in Writ Petition No. 23115 of 2007 and Writ 2 Petition No.40610 of 2007, has determined the list of 10 members of the General Body for the purposes of holding of the elections of the Committee of Management of the Institution. By the order dated 9th June, 2009, the District Inspector of Schools, pursuant to the elections conducted by the Sub-Divisional Magistrate on 21st May, 2008, has approved the Committee of Management of the Institution with Ajay Singh as the Manager.
In Writ Petition No.18046 of 2009, it is stated that pursuant to the directions issued by the Court on 31st August, 2007 in Writ Petition No.40610 of 2007, proceedings for constitution of the Committee of Management of the Institution were initiated by the Sub-Divisional Magistrate and after finalising the electoral college, he notified the election schedule. The elections were held and the Sub-Divisional Magistrate submitted the papers of the election in which Ajay Singh was elected as the Manager before the District Inspector of Schools but as no order was passed, Ajay Singh filed the representation dated 20th November, 2008 before the District Inspector of Schools. Matter was referred to the Regional Level Committee and objections were filed by Ganesh Singh. It is further stated that when the Regional Level Committee did not pass any order, the District Inspector of Schools sent a communication to it and in response to the said communication, the Joint Director of Education by his letter dated 11th December, 2008 informed the District Inspector of Schools, Agra that the Regional Level Committee had taken a decision on 8th December, 2008 that an appropriate order may be passed by the District Inspector of Schools in accordance with law in view of the Government Order dated 20th October, 2008.
The District Inspector of Schools thereafter issued a notice dated 15th January, 2009 requiring Ajay Singh and Ganesh Singh to appear on 19th January, 2009 but no order was passed by the District Inspector of Schools. The petitioners have, therefore, sought a direction upon the District Inspector of Schools to forthwith attest the signatures of Ajay Singh as the Manager elected in the elections held on 21st May, 2008 and not to proceed further pursuant to the notice dated 15th January, 2009.
3On 2nd April, 2009, the Court was pleased to pass the following order :-
"Learned counsel for the petitioner submits that earlier the authorised controller was appointed in institution and under the direction of this Court in writ petition no.40610 of 2007 vide order dated 31.8.2007 the elections have been held by the S.D.M. but the District Inspector of Schools is not taking any further action for attesting the signatures of elected Committee of Management.
The contention of learned counsel for the petitioner is that District Inspector of Schools in question was appointed as authorised controller of the institution to look after the affairs of the institution and he wants to perpetuate his term.
Sri Nagendra Pandey, learned counsel for respondent no.5 as well as learned Standing Counsel representing respondent nos. 1 to 4 pray for and are granted three weeks' time for filing counter affidavit.
List thereafter.
Since there is no allegations against respondent no.3 and there is also notification dated 20.10.2008 issued by the Government providing that the District Inspector of Schools is bound to put the Committee of Management elect in office and if he finds that there is no legal impediment, he shall attest the signatures of the Manager. Hence in the circumstances the District Inspector of Schools may file his own affidavit within the aforesaid time explaining why he is not complying the Government order nor he is discharging statutory duties."
In Writ Petition No.65638 of 2009, it has been stated that the Sub- Divisional Magistrate held the election of the Committee of Management of the Institution from amongst 10 members of the General Body which was not in accordance with the Scheme of Administration of the Institution and, therefore, objections were filed before the Regional Level Committee regarding finalisation of the list as well as the election. While the matter was pending before the Regional Level Committee, Ajay Singh filed Writ Petition No.18046 of 2009 in which order dated 2nd April, 2009 was passed. The District Inspector of Schools, however, by the order dated 9th June, 2009 approved the election of the Committee of Management of the Institution 4 with Ajay Singh as the Manager. This order dated 9th June, 2009 has been assailed in this petition.
On 3rd December, 2009, the Court passed the following order :-
"This writ petition has been filed for issuing a writ of certiorari quashing the impugned order dated 10.5.08 passed by respondent no.6 finalising the list of members for the purpose of holding election of committee of Management Gandhi Smarak Inter College Jaigara, Agra and order dated 9.6.09 passed by District Inspector of Schools attesting the signature of one Ajai Singh respondent no.4.
It appears a dispute arose with regard to valid election of Committee of Management in between Bharat Singh respondent no.5 and petitioner no.2. The matter was referred under section 16-A (7) of U.P. Intermediate Education Act 1921 to the Regional Committee Vide order dated 2.3.07 . The Regional Committee found both the elections invalid and appointed an authorised Controller with direction to hold an election of Committee of Management. Aggrieved by the order of Regional Committee, the petitioners have filed Civil Misc. Writ Petition No. 23115/07 which was disposed of on 16.5.07 by this Court directing the D.I.O.S. to finalise list of members and only thereafter hold election.
The order dated 2.3.07 passed by Regional Committee was also assailed by respondent no.5 through writ petition no. 40610/07 which was disposed of on 31.8.07 by this Court. This Court while passing the order dated 31.8.09 has approved the decision dated 16.5.07 passed in writ petition no. 23115/07 with minor addition that for finalising list of members, Sub-Divisional Officer be also associated. The Court has also observed that after finalising list, election be held and if there is any dispute with regard to the membership and election, the same may be raised before the Regional Committee.
It appears that after this order was passed, the Sub- Divisional Officer has finalised list of members on 10.5.08 and election was held on 31.5.08. The parties have filed their objections before the Regional Committee and the notices were issued to the concerned parties. It is interesting to note that the third case was set up by respondent no.4 with respect to election of Committee of Management of the present college and he has filed writ petition no. 18046/09 Committee of Management Gandhi Smarak Inter College Jaigara, Agra Vs. State of U.P. and others and in the said writ petition, on 2.4.09, this Court has directed the D.I.O.S. that in case 5 there is no legal impediments, the D.I.O.S. shall attest the signature of the manager. The explanation of D.I.O.S. was also called for as to why he has not complied with the Government Order dated 20.10.08 which empowers the D.I.O.S. to attest the signature. It appears that in pursuance of order passed by this Court, the impugned order dated 9.6.09 attesting signature of respondent no.4 has been passed by D.I.O.S. From the perusal of impugned order it transpires that the Regional Committee through its letter dated 11.12.08 has authorised D.I.O.S. to pass an appropriate orders . It appears that the Regional Committee has not taken note of order of this Court dated 31.8.07 passed in Civil Misc. Writ Petition no. 40610/07 which has empowered Regional Committee to pass appropriate orders. Prima facie it appears to me that Regional Committee has acted beyond the scope of order dated 31.8.07 and 16.5.07 passed by this Court and empowered the D.I.O.S. to pass appropriate orders.
The Regional Committee ought to have filed counter affidavit in writ petition no18046/09 apprising the Court that there is already direction to Regional Committee to pass appropriate orders on the objections filed to the election held pursuant to orders dated 16.5.07 & 31.8.07 passed by this Court. Prima facie Regional Committee has failed to exercise its power and circumvent the order passed by this Court in writ petitions no. 23115/07 and 40610/07.
In view of that, learned standing counsel is directed to produce entire record of Regional Committee particularly letters by which D.I.O.S. Agra was authorised to pass final order in respect of attestation of signature of Manager of Committee of Management.
Put up this case on 8th December, 2009 before appropriate Court along with the record of writ petitions no. 18046/09, 23115/07 & 40610/07.
Considering the facts and circumstances of the case, as an interim measure without prejudice to the right and contention of the parties, the operation of order dated 9.6.09 passed by District Inspector of Schools Agra shall remain stayed till the next date of listing and Authorised Controller who has been managing affairs of the Institution pursuant to order of Regional Committee dated 2.3.07 shall continue to look after the affair of the college.
Learned counsel for the petitioner is at liberty to file an impleadment application along with counter affidavit in writ petition no. 18046/09."6
It is the submission of Sri H.N. Singh, learned counsel appearing for the petitioners in Writ Petition No.65638 of 2009 that the District Inspector of Schools had no jurisdiction to decide the matter since in terms of the directions issued by the Court on 16th May, 2007 in Writ Petition No.23115 of 2007, it was the Regional Level Committee which was to examine the legality of the elections by means of a speaking order after affording opportunity of hearing to the parties concerned. He, therefore, submitted that the Regional Level Committee could not have issued directions on 8th December, 2008 to the District Inspector of Schools to pass an appropriate order. It is his submission that the order dated 2nd April, 2009 was obtained by Ajay Singh from the Court by concealing that the matter had been referred to the Regional Level Committee.
Sri M.K. Gupta, learned counsel appearing for the petitioners in Writ Petition No.18046 of 2009, however, submitted that prior to 20th October, 2008, in terms of the relevant notification, the matter was to be examined by the Regional Level Committee, but once the Government Order dated 20th October, 2008 was issued, the District Inspector of Schools had the jurisdiction to take an appropriate decision regarding the election of the Committee of Management of the Institution and, therefore, the Regional Level Committee committed no illegality in requiring the District Inspector of Schools to take an appropriate decision. It is his submission that the District Inspector of Schools was, therefore, justified in passing the order dated 9th June, 2009.
Learned Standing Counsel, however, submitted that the parties can approach the Regional Level Committee constituted by the Government Order dated 20th December, 2000 for redressal of the grievances raised in the present petition.
The Regional Level Committee has been constituted under the Government Order dated 20th December, 2000, as subsequently modified by the Government Order dated 20th October, 2008, in which the District Inspector of Schools has been given the power to approve the election under certain conditions. The Regional Level Committee consists of the Joint 7 Director of Education, Deputy Director of Education and the District Inspector of Schools concerned. They would be in a better position to examine the factual disputes raised in the present petition.
In Writ Petition No.65638 of 2009, an interim order was passed on 3rd December, 2009 staying the operation of the order dated 9th June, 2009 passed by the District Inspector of Schools, Agra and for continuance of the Authorised Controller who had been managing the affairs of the Institution earlier. Both the parties are agreed that the matter should now be decided by the Regional Level Committee. The only issue is whether the order dated 9th June, 2009 passed by the District Inspector of Schools approving the election of the Committee of Management of the Institution with Ajay Singh as the Manager should be allowed to revive or the Authorised Controller should continue to manage the affairs of the Institution till a decision is taken by the Regional Level Committee. The interim order has continued to operate for about seven months.
Thus, when the Regional Level Committee is to decide the matter, it will not be appropriate to make any changes in the affairs of the Institution at this stage.
Both the writ petitions are, accordingly, disposed of with a direction that the parties may approach the Regional Level Committee which shall decide the matter expeditiously, preferably within a period of two months from the date a certified copy of this order is filed by either of the parties before the Joint Director of Education who is the Chairman of the Regional Level Committee. For a period of two months or till the matter is decided by the Regional Level Committee, the Authorised Controller shall continue to manage the affairs of the Institution.
Date:16.07.2010 SK