Gujarat High Court
Biju Jose Vadaken (Party-In-Person) vs Additional Chief Secretary ( Primary & ... on 18 February, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/2154/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2154 of 2015
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BIJU JOSE VADAKEN (PARTY-IN-PERSON)....Petitioner(s)
Versus
ADDITIONAL CHIEF SECRETARY ( PRIMARY & SECONDARY
EDUCATION ) & 5....Respondent(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 18/02/2015
ORAL ORDER
1. The subject matter of present petition is not assigned to this Court as per present roster.
However, the matter is placed before this Court and it is listed in today's cause list for admission matters, in view of the order dated 13.2.2015 passed by the Hon'ble the Acting Chief Justice.
2. Heard Mr. Biju Jose Vadaken - petitioner who has appeared as party-in-person.
3. Earlier present petitioner had filed a Page 1 C/SCA/2154/2015 ORDER petition being Special Civil Application No.17767 of 2014.
3.1 At the time of hearing i.e. in the proceedings of the above mentioned petition the petitioner was represented by learned advocate.
3.2 After hearing learned advocate at length the said petition was disposed of vide order dated 10.12.2014. The said order dated 10.12.2014 reads thus:-
1. Heard Mr. Das, learned advocate for the petitioner.
2. So far as petitioner's grievance with regard to termination from the service is concerned, learned advocate for the petitioner submitted that the petitioner has already approached the learned tribunal.
2.1 Further grievance is raised by the petitioner and it is claimed that in view of the fact that the school is being run / administered by the person / committee not competent to do so as per the provisions under the Act and the Secondary Education Regulation 1974, the registration or recognition of the school is required to be cancelled in accordance with the Secondary Education Regulation 1974.
Page 2 C/SCA/2154/2015 ORDER 2.2 It is not in dispute that said grievance is raised in present petition before approaching the concerned and competent authority who can look into such factual aspect and take decision with regard to the registration / recognition of the school and / or cancellation of its registration, and the competent authority is yet not even approached to any complaint / grievance and supporting material and such authority has not been requested to look into the matter. It is the authority who can verity the factual aspects.
2.3 Therefore, at this stage the Court is not inclined to entertain this petition which is taken out against alleged irregularities in the administration of the school.
2.4 If the petitioner so desires the petitioner may approach concerned and competent authority under the Regulation who can examine and decide the said aspect.
3. In this view of the matter, Mr. Das, learned advocate for the petitioner submitted that at this stage the petitioner does not press the petition and will approach the concerned and competent authority with appropriate application and supporting material.
4.If and when such application is made concerned and competent authority will consider the same in accordance with law and applicable regulations. With the aforesaid clarifications the petition is disposed of as not pressed."
4. Having regard to the facts of the above mentioned petition and considering the Page 3 C/SCA/2154/2015 ORDER submissions by learned advocate for the petitioner in the said petition above quoted order was passed.
4.1 In present petition the petitioner has impleaded Additional Chief Secretary, Education Department, Commissioner of Mid day Meal Schemes and Schools, Chairman (Secondary and Higher Secondary Education Board), Principal (St. Xavier's High School), District Education Officer and one Fr. M.G. Raj S.J. who is described as Managing Trustee or Director of Secretary / Treasure / Trustee, Ahmedabad Jesuit Schools Society.
5. In present petition the petitioner has prayed inter alia, that:-
"19 (A) By quashing and setting aside the certificate of registration issued under Sec.31(8) to the Respondent No. 4- St. Xavier's High School, Loyola Hall, Ahmedabad, Your Lordships be pleased to direct the respondent Nos. 1,2,3 and 5 to revoke recognition of the respondent No. 4 St. Xavier's High School, Loyola Hall, Ahmedabad in the interest of justice.
Page 4 C/SCA/2154/2015 ORDER (B) After holding that present petitioner has right to file this petition as per Constitution Bench Judgment in the matter of Zee Telefilms Ltd. V/s.
Union of India, AIR 2005 (SC) 2677, Your Lordships be pleased to hold that the respondent No.6 has no authority to interfere with management of and to pass any order in connection with Recognized School Respondent No.4 and be pleased to hold that every authorized activity performed are null and void and in consequence non-est. (C) Pending hearing and final disposal of this petition Your Lordships be pleased to direct the respondent Nos. 3 and 5 to place on the record of this Hon'ble Court of the action if any, whatever has been taken on the respondent No. 4 in connection with the contention raised in the petition and if not then why?
(D) Pending hearing and final disposal of this petition Your Lordships be pleased to direct the respondent Nos. 3 and 5 to place on the record of this Hon'ble Court the Inspection Report if any, carried out of the respondent No.4 School during last three years, and if not then to clarify why?
(E) Pending hearing and final disposal of this petition Your Lordships be pleased to direct the respondent Nos. 5 District Education Officer, in the interest of justice, to restrain the respondent No.6 from interfering with the affairs of respondent No.4 School.
Page 5 C/SCA/2154/2015 ORDER (F) Pending hearing and final disposal of this petition Your Lordships be pleased to direct the respondent Nos. 1,2,3,4 and 5 to place on the record the action taken on the letter of complaint dated 12.12.2014 sent to them by the petitioner on the basis of the direction of the Oral order given by the Honourable High Court in the matter of S.C.A. 17767/2014"
6. It appears that after order dated 10.12.2014 the petitioner submitted a complaint dated 12.12.2014 addressed to the Chairman, Secondary and Higher Secondary Education Board, Sector 10-B, Gandhinagar i.e. respondent No. 3 herein. 6.1 The petitioner has approached with grievance that though more than about 2 months have passed since he forwarded the said complaint to the Board i.e. respondent no.3, the said respondent seems to have not taken any action and until now he has not received any response for respondent no.3.
6.2 From the contents of the petition and submission by the petitioner it has emerged that the petitioner is essentially and in substance Page 6 C/SCA/2154/2015 ORDER aggrieved by administration of the trust / society viz. Ahmedabad Jesuit Schools Society and its office bearers.
6.3 The grievance made by the petitioner involves various disputed question of facts which would necessitate inquiry by the concerned and competent authority / officer and the said process cannot be undertaken in writ proceedings.
7. Having regard to the nature and the allegations made by the petitioner, the authority competent to look into the matter and authorize to inquire in the matter and take appropriate action should be approached by the petitioner with specific details and request to take appropriate action and it would for such authority to look into the matter, conduct such inquiry a may be considered necessary and then, if required, take action in accordance with law. 7.1 For such purpose various factual aspects including relevant record will have to be Page 7 C/SCA/2154/2015 ORDER examined and detailed inquiry would be necessary, said process cannot be undertaken in writ proceedings.
7.2 It also appears that the petitioner has some grievance with regard to the action said to have been taken by the respondent No. 4 and / or 6 whereby the petitioner's service has been terminated.
7.3 For the purpose of getting such dispute adjudicated, specially constituted alternative remedy is provided under the provision of Secondary / Higher Secondary Education Act whereby the tribunal is constituted for adjudication of such dispute.
7.4 The said grievance and dispute can be examined by specially constituted tribunal. Thus, for that purpose statutory alternative remedy is available to the petitioner and therefore, petition does not deserve to be entertained on that count.
Page 8 C/SCA/2154/2015 ORDER 7.5 Actually, as submitted by the petitioner, he has already approached learned tribunal against action of termination of his service and the said proceedings are already in progress. 7.6 Therefore, there is no cause or justification to entertain such grievance in present petition. 7.7 If the petitioner has any grievance with regard to the administration of the trust / society i.e. Ahmedabad Jesuit Schools Society then the petitioner has to approach authorities under the Societies Act or Trusts Act e.g. the Charity Commissioner in the provision of Bombay Public Trust Act as the case may be and / or the Registrar, appointed under Societies Act. Whereas if the petitioner has any grievance or complaint regarding working of education institution then the petitioner may submit such complaint to respondent no. 3 and / or respondent No.5, who can conduct necessary inquiry and then take, if required, appropriate action based on the Page 9 C/SCA/2154/2015 ORDER findings / result of their inquiry.
8. Having regard to the said aspect aforesaid order dated 10.12.2014 was passed in Special Civil Application No.17767 of 2014. 8.1 Within about 2/3 months after the said order, the petitioner has again approached this Court with similar grievance and the additional grievance that though he has filed complaint before respondent no.3 until now he has not received any response from respondent No.3. 8.2 In aforesaid view of the matter and having regard to the nature of the grievance which the petitioner has raised, it appears that present petition can be disposed of at this stage with following observations:-
So far as petitioner's grievance with regard to the administration of the respondent School and / or respondent society is concerned or so far as his grievance against Principal of School and / or Fr. M.G. Raj S.J. (who is described as Page 10 C/SCA/2154/2015 ORDER Managing Trustee or Director or Secretary / Treasurer / Trustee is concerned, the petitioner may approach the competent authority authorized to examine the complaint and grievance against the office bearers of the society / trust and / or against the administration of the society / trust and / or the education institute. If and when the petitioner approaches such authority with specific instance and details with supporting material, the authority will consider such grievance / complaint and upon examination of such material gathered during inquiry, if it is found necessary on the basis of / and as a result of such inquiry then take necessary action in accordance with law after hearing concerned parties.
It is further clarified that the respondent No.3 shall take up the complaint dated 12.12.2014 and examine the same and after considering said complaint take appropriate decision / action - as may be considered necessary - in accordance with Page 11 C/SCA/2154/2015 ORDER applicable Rules and inform the petitioner about its findings / result of their inquiry and the decision or about the action taken by or proposed to be taken in respect of the complaint dated 12.12.2014.
With the aforesaid clarifications the petition is disposed of.
(K.M.THAKER, J.) Suresh* Page 12