C/M, Sasni Vidyapeeth Inter College and Another vs State of U.P. and Others

Dilip Gupta, J.—The Committee of Management, Sasni Vidhyapeeth Inter College, Sasni, Hathras (hereinafter referred to as the ''''College'') and its Manager have filed this petition for setting aside the order dated 10th December, 2008 passed by the Regional Level Committee by which the elections of the Committee of Management of the College held on 1st January, 2008 in which petitioner No. 2, Prakash Chand Sharma was elected as the Manager have been discarded and recommendations have been made to the State Government for appointment of an Authorised Controller u/s 16-D of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the ''''Act'').

The College is a recognized and aided College and is governed by the provisions of the Act. A Scheme of Administration was framed and was approved by the Deputy Director of Education, Agra Region, Agra on 22nd March, 1969. Under Clause 7 of the said Scheme of Administration, the term of the office bearers of the Committee of Management is three years with the stipulation that the term of every office bearer will continue till the election of his successor.

It is said that the election of the Committee of Management in which Prakash Chand Sharma was elected as the Manager was held on 4th February, 1996. The District Inspector of Schools attested his signatures as the Manager on 4th February, 1997 but as a rival election was set up by one Hari Prasad Shastri, the matter was referred to the Deputy Director of Education who accorded approval to the election held on 4th February, 1996 in which Prakash Chand Sharma was elected as the Manager. This order was challenged by the rival Committee of Management in Writ Petition No. 269 of 1999 in which no interim order was granted. It is further stated that subsequently on 31st January, 1999, 6th January, 2002 and 2nd January, 2005 elections were held in which Prakash Chand Sharma was elected as the Manager. On 1st January, 2008 elections were again held in which Jagdish Prasad Sharma was elected as the President and Prakash Chand Sharma was elected as the Manager. A rival claim was set up by Gyan Kishore Sharma claiming elections on the same date, i.e., 1st January, 2008. The District Inspector of Schools forwarded the papers of the two elections to the Joint Director of Education who appointed Associate District Inspector of Schools as the Prabandh Sanchalak of the Institution on 12th February, 2008. However, on 29th February, 2008 Joint Director of Education placed the aforesaid order dated 12th February, 2008 in abeyance. Ultimately, on 27th June, 2008 the Regional Level Committee discarded the elections held by the petitioners as well as the rival Committee of Management and directed for appointment of Finance & Accounts Officer as the Prabandh Sanchalak for getting fresh elections held. This order of the Regional Level Committee was challenged by the petitioner by filing Writ Petition No. 33124 of 2008 which was allowed by the judgment and order dated 7th August, 2008. The order dated 27th June, 2008 was set aside and the matter was remanded to the Regional Level Committee to pass a fresh order taking into consideration the observations made in the judgment after giving full opportunity to the petitioner as well as the respondents. The observations made by the Court are as follows:

After hearing counsel for the parties and after perusal of the record, it is clear from the record that the elections held by the petitioners'' Committee of Management in 2002 and 2005, papers were forwarded to District Inspector of Schools and they were forwarded to Regional Level Committee i.e. respondent No. 2 but the Regional Level Committee has not passed any order either disapproving or approving the election. In spite of this fact, if the respondent No. 2 was of the opinion that as elections held in 2002 and 2005, no approval was granted, in such circumstances, respondent no2 ought to have been given an opportunity to that effect to the petitioner for proving his case whether elections were held in accordance with the Scheme of Administration and papers were forwarded to the respondent No. 2. Another fact which is to be considered by this Court is that Regional Level Committee should have called report from District Inspector of Schools regarding claim put up by the petitioners. It is clear from the record that rival claim has been disapproved by the respondent No. 2. In such situation, I am of the opinion, that with regard to genuineness of the election of 2002, 2005 were to be seen by Regional Level Committee taking into consideration effective control of the petitioners'' Committee of Management. Only the ground that as the elections of 2002 and 2005 as no orders were passed and the petitioners'' Committee of Management on the basis of attestation of the signature by the District Inspector of Schools were managing the affairs and no orders, in spite of the papers forwarded to the respondent No. 2 has been passed, who can be held responsible for the same.

Pursuant to the aforesaid directions, the Regional Level Committee has taken the decision on 10th December, 2008 which is impugned in the present petition.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioners submitted that the order passed by the Regional Level Committee deserves to be set aside as it does not take into consideration the observations made by the Court in the judgment dated 7th August, 2008 in Writ Petition No. 33124 of 2008. He further submits that any reference to the pendency of Writ Petition No. 8818 of 1997 was wholly uncalled for and the reasons assigned in the impugned order for discarding the elections held by the petitioner-Committee of Management and for making recommendations for appointment of an Authorised Controller are perverse.

Sri P.S. Baghel, learned Senior Counsel appearing for the respondent-Committee of Management, however, supported the impugned order and suggested that no interference by this Court was called for under Article 226 of the Constitution.

I have considered the submissions advanced by the learned Counsel for the parties.

As noticed hereinabove, this Court by the judgment and order dated 7th August, 2008 in Writ Petition No. 33124 of 2008 remanded the matter to the Regional Level Committee to take a decision in the light of the observations made in the judgment. The Court clearly observed that genuineness of the elections held in 2002 and 2005 was required to seen by the Regional Level Committee taking into consideration the effective control of the Committee of Management of the petitioner and no blame could be fastened on the petitioner-Committee of Management if no orders were passed by the Educational Authorities approving the elections. This factor has not been considered by the Regional Level Committee when it proceeded to decide the matter pursuant to the directions issued by this Court. Reference has been made by the Regional Level Committee to the pendency of Writ Petition No. 8818 of 1997. The said petition had been filed by Gyan Kishore Sharma against the order dated 4th February, 1997 by which the District Inspector of Schools attested the signatures of Prakash Chand Sharma as the Manager of the Committee of Management elected on 4th February, 1996. Though this petition was ultimately dismissed on 11th February, 2009 as having become infructuous, yet even when the Regional Level Committee decided the matter on 10th December, 2008, the said petition had no bearing to the controversy before the Regional Level Committee as the said order of the District Inspector of Schools lost all significance when the matter was referred to the Deputy Director of Education since a rival claim was set up and the Deputy Director of Education approved the elections held on 4th February, 1996 by the order dated 25th July, 1998.

Thus, for all the reasons stated above, the order dated 10th December, 2008 passed by the District Inspector of Schools, Agra Region, Agra cannot be sustained. It is, accordingly, set aside. The matter is remitted to the Regional Level Committee to take a fresh decision in accordance with the directions issued by this Court in Writ Petition No. 33124 of 2008.

The writ petition is allowed to the extent indicated above.