Inderjeet and Others vs Jaggan Nath and Others

Kurian Joseph, C.J.—Appellants are aggrieved by the judgment of the learned Single Judge, dated 29.5.2008 in CWP Nos. 18 of 2001 and 1258 of 2006. The issue raised in the writ petition pertains to the super-session of the Managing Committee of a society, setup for establishment and administration of SVSD College, Bhatauli. Supersession of the committee was initially by order, dated 15th December, 1991. Thereafter, it is seen that the administration had been taken over by the government. Learned single Judge set aside both the orders, restoring the Management of the College to the society.

Learned Counsel appearing for the Appellants submit that the learned Single Judge has not taken into consideration the crucial fact as to whether the present managing committee was capable of administering the college. One of the Appellants is founder member of the society. According to the founder member, the management has deviated from the founding philosophy and management is only interested in making money. The teachers have complained that the judgment has adversely affected their interest. Once the college was taken over by the government, the teachers acquired the status of the teachers in the government colleges. Some of the teachers have been appointed by the government during the interregnum. The students have grievance that when the college was run by the government, there was proper order and discipline in the college and the moment it came back to the management, there is only disorder in all respects.

All these are disputed by the learned Counsel appearing for the management and the learned Deputy Advocate General.

Having heard learned Counsel on both sides, we do not find any basis for the apprehensions expressed by the Appellants in view of the clear directions, issued by the learned Single Judge in the judgment, under reference. The same read as follows:

(a) That the Petitioner shall immediately supply the particulars as asked for by the University in its reply and as reproduced hereinabove to the University.

(b) The Petitioner will further supply such other particulars as required by the Ordinances of the University necessary for affiliation etc. considering that a period of more than 18 years has elapsed since the management was taken over.

(c) The management of the present college shall be handed back to the Society at the end of the current academic session 2008-2009 so that the interest of the students do not suffer. This, of-course, will be subject to the Petitioner Society satisfying all the mandatory requirement of the Statutes, Ordinances and Law.

(d) The Notification taking over management of the College having been quashed will not stand in the way of the Government in acquiring the college etc. or taking over its management in accordance with law, if so required.

(e) The pay scale and conditions of the service of the staff of the college as registered shall be protected and the Respondents shall ensure that the staff is not put to any disadvantage or material/financial loss.

(f) In the interregnum, before the college is handed back to the management of the Society, an eminent educationist not below the rank of Professor or Retired Professor who has performed active academic duty in the University and a person with administrative capability not being below the rank of the Registrar or Controller of Exams having such experience in the University, shall oversee the management of the college and ensure the smooth functioning of the Educational and Administrative functioning of the college. The entire staff of the college shall be answerable to these two persons who shall exercise administrative and financial control and maintain a detailed report of the same.

In view of the above directions, we do not think that this Court should issue any further direction in the matter. However, we make it clear that in case teachers and other staff have any grievance with regard to the pay scale, status etc., it will be open to them to point out the same before the 4th Respondent in which case the 4th Respondent will pass appropriate orders in accordance with law in the matter with notice also to the affected teachers and the management, within another three months.

As far as students are concerned, if they have any grievance with regard to the conduct of examination in the college, the calculation of fees or discipline, it will be open to them to point out those aspects before the 4th Respondent, in which case the 4U Respondent shall take appropriate and prompt action to redress the grievance of the students, if necessary taking also recourse to the directions issued by the learned Single Judge in ''(d)'', as extracted above.

As far as the founding member''s grievance is concerned, we make it clear that it will be open to him also to point out mismanagement, if any, in the hands of the committee before the 4 Respondent, in which case in view of the directions issued by the learned Single Judge in para ''(d)'', as above, the government will take appropriate and prompt action to see that the management does not deviate from object for which the society has been established.

With the above observations, all the appeals are disposed of.