Andhra HC (Pre-Telangana)
P. Jagannadha Rao vs Commissioner And Director Of School ... on 20 October, 2003
Equivalent citations: 2004(4)ALD37, 2004(1)ALT404
Author: Goda Raghuram
Bench: Goda Raghuram
ORDER Goda Raghuram, J.
1. The writ petitioner correspondent of Sri Victoria Aided Upper Primary School, Rajahmundry, East Godavari District assails the order of the first respondent dated 1-12-2002 whereby in purported exercise of powers under Sub-section (2) of Section 24 the A.P. Education Act, 1982 (for short "the Act") change of correspondentship had been approved in favour of the 4th respondent herein in place of the petitioner with effect from 20-10-2002.
2. There were disputes among the members of the managing committee of the school inter alia with regard to the appointment of a correspondent. These disputes led to the institution of WP No. 31108 of 1997 and eventually in WA No. 543 of 1998 by the judgment dated 10-8-1999, this Court directed the Special Officer who was administering the school at that point of time to convene a meeting of the managing committee in his presence to nominate a correspondent according to the rules. This order was passed by a Division Bench of this Court as an agreed order between the disputants in the appeal. Apropos the convening of such meeting of the managing committee the writ petitioner was elected by the managing committee to be the correspondent, on 13-10-1999. The first respondent approved this proposal of managing committee pursuant to the election and the petitioner was permitted to be the correspondent and was functioning as such.
3. The petitioner alleges that his own brother Respondent No. 4 challenged his correspondentship before the Director of School Education. Learned Counsel for the 4th respondent denies this assertion of the petitioner and states that no such representation was made by the 4th respondent to the Director of School Education. It is the case of the official respondents and the 4th respondent that there was a meeting of the managing committee of the school in the year 2002 at which the 4th respondent was elected to represent the school as a correspondent. The 4th respondent contends that to such meeting of the managing committee, the petitioner was invited on more than one occasion, but he failed to attend the managing committee meeting and that pursuant to the election of the 4th respondent, the first respondent by the impugned proceedings approved the name of 4th respondent for being appointed as correspondent of the school in lieu of the writ petitioner and is functioning as such thereafter.
4. The admitted factual position is that the impugned order dated 1-12-2002 has not been passed after issuing notice to the writ petitioner before substituting him with the 4th respondent as the correspondent of Sri Victoria Aided Upper Primary School, Rajahmundry.
5. The learned Government Pleader for School Education contends that as power exists under Section 24(2) of the A.P. Education Act and this provision is silent with regard to providing an opportunity and notice to the existing correspondent no notice was issued to him. It is clear that power for appointment of a correspondent or change of correspondentship under Section 24 of the Act is a statutory power. In the absence of statutory prescription excluding the principles of natural justice, the seminal principle of natural justice audi alteram partem is implicated and is not excluded by mere statutory silence, Vide , Swadeshi Cotton Mills v. Union of India) arid AIR 1978 SC 587 (Maneka Gandhi v. Union of India). As demonstrably the impugned order had been issued by the first respondent without notice and opportunity to the writ petitioner, who as a consequence of this order has clearly suffered adverse civil consequences, the order is vitiated for violation of the principles of natural justice. The dispute between the petitioner and the 4th respondent as to who ought to be the correspondent of the school is outside the province of this writ petition. Such dispute, if any, have to be adjudicated in an appropriate forum. It is within the jurisdiction, province and competence of the first respondent to determine the appropriate person to be appointed as a correspondent of Sri Victoria Aided Upper Primary School, Rajahmundry, but before effecting any change in the correspondentship the first respondent is obligated at least to provide a minimal opportunity to the writ petitioner.
6. On the analysis above, the order dated 1-12-2002 is set aside on the short ground that it has not been preceded by an opportunity to the writ petitioner. The first respondent is at liberty to afford an opportunity to the petitioner before taking any action under Section 24 of the Act, which might impact the writ petitioner with adverse civil consequences.
7. Writ petition is allowed as above. There shall be no order as to costs.