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Arun Tandon, J.—Manav Shiksha Samiti Prakash Nagar, Sangipur, Soraon, District Allahabad is a society duly registered under the Societies Registration Act, 1860. The aforesaid society has established an institution in the name and style of Gayatri Devi Madhyamik Vidyalaya, Sanginpur, Soraon, Allahabad There was a dispute with regard to the rival office bearers of the society as well as of the Committee of Management of the institution run by it resulting in filling of the Civil Misc. Writ Petition No. 4938 of 1997, which was allowed by means of the order dated 15th July, 1998, with a direction that respondents shall not interfere in the working of the Committee of Management with Sri Data Deen Yadav as its Manager. Subsequently thereto Sri Prabhat Narain Mishra and Sri Om Prakash claiming themselves to be the President and Manager of the Committee of Management respectively filed another Civil Misc. Writ Petition No. 22879 of 2000 praying for a direction upon the Assistant Registrar, Firms, Society and Chits to hold fresh elections under Section 25(2) of the Societies Registration Act, 1860 on he ground that the last elections were held on 16th September, 1995, the term whereof expired on 15th September, 2000 (The term being five years). The said writ petition was disposed of by this Court vide judgment and order dated 7th January, 2003, whereby it was directed that the petitioner may make a representation before the Assistant Registrar with reference to the provisions of Section 25(2) of the Societies Registration Act, 1860 and the Assistant Registrar was directed to pass appropriate orders thereon taking into consideration as to whether any elections had been held in between. In pursuance thereof the petitioner claimed to have made a representation before the Assistant Registrar. The Assistant Registrar by means of the order dated 13th March, 2003 held that Sri Data Deen Yadav was the lawful Manager of the institution in view of the judgment and order passed by this Court dated 15th July, 1998, in Civil Misc. Writ Petition No. 4938 of 1997, without adjudicating upon the legality or otherwise of the subsequent elections pleaded by Sri Data Deen Yadav. Feeling aggrieved by the aforesaid order, the present petitioners filed Civil Misc. Writ Petition No. 13941 of 2003.
By means of the judgment and order dated 3rd April, 2003, the Writ Petition No. 13941 of 2003 was allowed and the order passed by the Assistant Registrar dated 13th March, 2003 was quashed with a specific direction to take into consideration as to whether any valid elections have been held after 1995 or not and further as to whether the claim of respondent No. 4 (Data Deen Yadav) in respect of the elections held in the year 2000 was legal or not. The Assistant Registrar by means of the order dated 23rd October, 2003 again held that Sri Data Deen Yadav has held valid elections on 15th January, 2000 and directed that the list so submitted may accordingly be registered. Feeling aggrieved by the aforesaid order of the Assistant Registrar, Civil Misc. Writ Petition No. 51551 of 2003 has been filed by the present petitioners, this Court by means of the order dated 3rd December, 2003 has stayed the operation of the order dated 23rd October, 2003 passed by the Assistant Registrar.
While the controversy with regard to the office bearers of the society was still engaging the attention of the Assistant Registrar as well as of this Court. The institution was upgraded and recognized by the State Government and the Scheme of Administration was also approved by the Joint Director of Education vide letter dated 19th September, 2000.
From the date the institution was upgraded as High School, it is not in dispute that the fresh election for constituting the Committee of Management of the institution are required to be held strictly in accordance with the approved Scheme of Administration referable to Section 16A read with Sections 16C/16B/16CCC of the Intermediate Education Act.
On 6th July, 2002 the District Basic Education Officer issued directions for attesting the signatures of Om Prakash as the Manager of the institution and as a consequence thereto the signatures of Sri Om Prakash were attested on 6th July, 2002.
On 7th August, 2002 the Finance and Accounts Officer in the office of the District Basic Education Officer directed single operation of accounts in the institution. The aforesaid orders were challenged by Sri Data Deen Yadav by means of the Civil Misc. Writ Petition No. 34309 of 2002. In the said writ petition an interim order was passed to following effect:
"In the meantime, it will be open for either of the parties to approach the Competent Authority concerned for adjudication of their dispute in respect to their rival claim upon which appropriate decision in accordance with law may be taken after giving opportunity to all the parties concerned, before the next date so that this Court may be apprised of the out come of the aforesaid decision."
On 18th September, 2002, the Regional Joint of Education passed an order appointing a Prabandh Sanchalak in the institution on the ground that were serious allegations of misappropriation of funds by Sri Data Deen Yadav and Sri Deepak Singh, Finance and Accounts Officer, in the office of Regional Joint Director of Education was appointed as the Prabandh Sanchalak in the institution. The appointment of Prabandh Sanchalak so made under Section 6(3) of the U.P Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. It may be clarified that at the relevant point of time the institution was only recognized as a High School, however, it was not taken within the purview of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The payment of salary to the teachers and other staffs of the institution was still being made in accordance with the provisions of U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.
From the record it is apparent that the said appointment of the Prabandh Sanchalak was for a period of one month. From the record it is further apparent that the said order has not been challenged by any of the parties before any Court of law or otherwise. Although on the behalf of Sri Data Deen Yadav it has been stated that the order dated 18th September, 2002 was an exparte order and runs contrary to the judgment of this Court dated 19th August, 2002 passed in Civil Misc. Writ Petition No. 34309 of 2002.
From the record it is further apparent that the Prabandh Sanchalak was put in effective control of the institution and his appointment has been extended vide order dated 2nd June, 2004 for a period of six months. In the order dated 2nd June, 2004, it has been specifically stated that the irregularities in respect of the accounts of the institution have yet not been removed as per the report of the District Basic Shiksha Adhikari, Allahabad dated 12th May, 2004 and that of District Inspector of Schools dated 20th May, 2004. While the term of the Prabandh Sanchalak was so extended the Regional Joint Director of Education, Allahabad passed another order dated 6th July, 2004 in alleged compliance of the order of this Court dated 19th August, 2002 passed in Civil Misc. Writ Petition No. 34309 of 2002, which has been quoted hereinabove. In compliance of the said order the Regional Joint Director of Education has held that Sri Data Deen Yadav is the lawful Manager of the institution and further the continuance of the Prabandh Sanchalak in the institution was not in the interest of the institution as well as of the students and therefore, the aforesaid arrangement is begin revoked.
On behalf of the petitioner it is contended that the said order has been passed by the Regional Joint Director of Education is manifest in violation of the principle of natural justice inasmuch as on 12th January, 2004, which was the last date fixed for hearing in the matter, the Regional Joint Director of Education was in fact not present in her office, she was attending an official function in St. Anthony School, Allahabad between 11:00 to 5:00 P.M. It is further submitted that the impugned order does not refer to any of the elections held by Sri Data Deen Yadav subsequent to year 1983. The election set up by Sri Data Deen Yadav dated 15th January, 2000, having not been adjudicated upon in any manner and their illegality has not been tested. Even otherwise it is contended that no elections of the Committee of Management has been held in accordance with the approved Scheme of Administration subsequent to the institution being recognized as High School.
Lastly it is contended that there is no basis or justification for withdrawal of the continuance of the Prabandh Sanchalak in the institution, whose term was extended for only six months prior on 2nd June, 2004 because of nonremoval of the financial irregularities committed in the institution.
On behalf of the respondents it is contended that the writ petition as filed by the petitioner is totally misconceived inasmuch as he has admittedly filed a Civil Suit No. 716 of 2003 in the Court of Civil Judge (Junior Division), Allahabad wherein an exparte injunction has also been granted and therefore, the petitioner have an alternative remedy to approach the Civil Court by way of civil suit against the impugned order dated 6th July, 2004 passed by the Regional Joint Director of Education, Allahabad. It has further been submitted that the respondent Data Deen Yadav has been lawful Manager of the institution and valid elections have been held on 15th January, 2000. The allegations of financial embezzlement and improprieties are baseless and therefore, there is no occasion for interference under Article 226 of the Constitution of India in the facts of the present case.
I have heard learned Counsel for the parties and have gone through the records of the present writ petition.
It is not in dispute that Regional Joint Director of Education by means of his letter dated 9th September, 2000, approved the Scheme of Administration, which was made applicable on the institution being upgraded as a High School in accordance with the statutory provisions of Section 16A read with Section 16B and Section 16C of the Act, with the specific direction that the fresh elections may be held for constituting the Committee of Management in accordance with the approved Scheme of Administration.
From the records of the present writ petition it is further not in dispute that none of the parties claim to have held any elections for constituting the Committee of Management of the institution in accordance with provisions of the aforesaid approved Scheme of Administration (Reference; Paragraph No. 21 read with Paragraph 8 of the counter affidavit). It is worthwhile to mention that under the provisions of approved Scheme of Administration, the term of the elected Committee of Management has been provided as five years with grace period of four months. The directions issued by the Regional joint Director of Education as contained in letter dated 19th September, 2000 (whereby new Scheme of Administration was approved for the institution) to the effect that fresh elections may be held for constituting the Committee of Management after starting Class 9, has neither challenged nor has been questioned in any manner by any of the parties in the present writ petition.
From the record it is, therefore, established that the directions issued by the Regional Joint Director of Education while approving the amended Scheme of Administration vide letter dated 19th September, 2000 to the effect that the fresh elections for constituting the Committee of Management must be held immediately on starting Class 9 strictly in accordance with the approved Scheme of Administration have not been acted upon by any of the parties. The petitioner does claim to have held any election in accordance with the said Scheme of Administration. So far as the Data Deen Yadav is concerned, he has referred to earlier elections dated 15th January, 2000 only for being permitted to manage the affairs of the institution.
The elections set up by Sri Data Deen Yadav are admittedly prior to the order of the Regional Joint Director of Education dated 19th September, 2000, wherein directions were issued that the fresh elections may be held in accordance with the approved Scheme of Administration. In such circumstances, neither the petitioner nor the Data Deen Yadav can claim any right to manage the affairs of the institution on the basis of their respective claims. Even otherwise from the order appointing the Prabandh Sanchalak in the institution dated 18th September, 2002, as well as from the order extending the term of the appointment of the Prabandh Sanchalak dated 2nd June, 2004, it is apparently clear that there were claims of irregularity and embezzlement as well as misappropriation of funds of institution against Sri Data Deen Yadav. In the impugned order the Regional Joint Director of Education has withdrawn the appointment of the Prabandh Sanchalak on the ground that it is not in the interest of students and institution. In the opinion of the Court the reason so assigned by the Regional Joint Director of Education is perverse and a clear case of illegally confirming the power of Management on Data Deen Yadav. Such an order of the Regional Joint Director of Education cannot be appreciated by this Court. The order of appointment of the Prabandh Sanchalak made under Section 6(3) of the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, could have been revoked only if the financial improprieties/irregularities had been removed or the Regional Joint Director of Education was satisfied that the allegations in that regard were not Justified. The 1978 Act does not recognize the interest of students or the institution as one of the grounds for withdrawing the appointment of the Prabandh Sanchalak specifically as mentioned in the impugned order. It is further apparent from the order passed by the Regional Joint Director of Education that only one reason has been mentioned for putting back Sri Data Deen Yadav in the office of the Manager is that Sri Data Deen Yadav is in effective control over the institution since 1983. The Regional Joint Director of Education has not considered the impact of the enforcement of approved Scheme of Administration, under order of the Regional Joint Director of Education dated 19th September, 2002, referred to above. Elections, if any, held in the year 1983 had lost all efficacy after more than 21 years. Thus in the opinion of the Court, the reasons assigned in the impugned order does not appear to de bonaflde. This Court has no hesitation to hold that the Regional Joint Director of Education has not acted fairly, as Sri Data Deen Yadav did to have held fresh elections in accordance with the approved scheme of administration. There is no question of Sri Data Deen Yadav being recognized as the Manager of the Committee of Management of the institution.
So far as the pendency of the suit filed by the present petitioner being Civil Suit No. 716 of 2003 is concerned, neither the plaintiffpetitioner nor the defendantsrespondent have brought on record a copy of the plaint. It is also not clear as to whether the Regional Joint Director of Education is a party in the suit or not. Normally this Court would not have interfered with the matter once the petitioner had already initiated suit proceedings. However, in the facts of the case order impugned cannot be permitted to stand even for a single day. This Court is satisfied that the conduct of the Regional Joint Director of Education was not fair and just in the matter. Further in view of the fact that no valid elections have been held till date in accordance with the approved Scheme of Administration, the Court cannot permit the order of the Regional Joint Director of Education recognizing Sri Data Deen Yadav as Manager of the institution to stand on record. The order of the Regional Joint Director of Education dated 6th July, 2004 is to be quashed.
In view of the aforesaid the writ petition is allowed and the order dated 6th July, 2004 passed by the Regional Joint Director of Education is hereby quashed. It is further directed that the Prabandh Sanchalak appointed in the institution shall continue to manage the same and ensure that the earlier improprieties are removed within one month from the date a certified copy of this order is produced before the Regional Joint Director of Education. The Regional Joint Director of Education shall issue appropriate orders to the Parbandh Sanchalak in that regard.
It is further directed that after the financial improprieties/irregularities are so removed, the Prabandh Sanchalak shall hold fresh elections of the Committee of Management of the institution strictly in accordance with the approved Scheme of Administration and shall hand over the charge to the newly elected Committee of Management in accordance with law. Petition allowed