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Judgment
Sharad Kumar Sharma, J
A very short controversy which is involved consideration in the present writ petition, it emanates from an order No. 755(01)XXIV-uol`ftr/18-08(02)/2018 dated 02.08.2018 issued from the office of the District Magistrate, Bageshwar, through its correspondence No. 8376 dated 14.08.2018. On perusal of the order which is quoted hereunder the name of a Government Intermediate College, Sirkot, which was in existence in Village-Sirkot called as "Freedom Fighter Kesar Singh Government Intermediate College, Sirkot, Bageshwar" had been directed to be converted and given a new name called as "Swatantrata Sangram Sainani Shri Khadak Singh Bisht Government Inter College, Sirkot, Bageshwar", by virtue of an order dated 02.08.2018, which reads as under:
"मा0 मुख्यमंत्री जी द्वारा दिनांक 13.1.2018 को जनपद बागेश्वर के विधानसभा क्षेत्र बागेश्वर में घोषणा संख्या 252/2018 ("राजकीय इण्टर कालेज, सिरकोट विद्यालय का नाम स्वतन्त्रता संग्राम सेनानी श्री खड़क सिंह बिष्ट के नाम किया जायेगा")
उक्त घोषणा के क्रम में तात्कालिक प्रभाव से निम्नांकित तालिका के स्तम्भ-2 में अंकित विद्यालय का नाम स्तम्भ 3 के अनुसार परिवर्तित किये जाने की श्री राज्यपाल महोदय सहर्ष स्वीकृति प्रदान करते हैं:-
क्र0सं0 विद्यालय का वर्तमान नाम विद्यालय का परिवर्तित नाम
1 2 3
राजकीय इण्टर कालेज स्वतन्त्रता संग्राम सेनानी श्री
सिरकोट बागेश्वर खड़क सिंह बिष्ट राजकीय इण्टर
कालेज, बागेश्वर
In district Bageshwar there happens to be a number of gram sabhas from where number of valiant persons have hailed, who had contributed to a larger extent in the war of independence against the Britishers and their unforgetful contribution in the war of independence has had to be socially recognized and saluted by the people of the Gram Sabha from where they hailed.
In the said efforts one of the efforts which has been provided by the Government Order No. 496/XXIV-2/13/11(06)/2009 dated 20.07.2013, as issued by the Secretary, to the State of Uttarakhand, provided the process of conversion of name of the existing Government Inter Colleges, in the name of the persons as provided in Clause-1 of the said Government Order. The said Government Order included rechristening of the colleges in the name of the freedom fighters, as provided in its clause 3, whose name have been recorded as such by the Home Ministry of the country. Clause 3 of the Government order dated 20.07.2013 reads as under:
"उपर्युक्त विषयक आपके पत्रांक नियोजन/3249/2013-14, दिनांक 8 मई, 2013 के संदर्भ में मुझे यह कहने का निर्देश हुआ है कि नाम परिवर्तन नीति शासनादेश संख्या 145/गगपअ-2/11/11(5)/2009, दिनांक 31 मार्च, 2011 के प्रस्तर-2 में निम्नानुसार संशोधन किया जाता हैः-
ऐसे व्यक्ति जिसने विद्यालय भवन/संख्या के निर्माण में/भूमिदान में संस्था की कुल सम्पत्ति का 3/4 से अधिक भूमिदान या सम्पत्ति प्रदान की है।
कारगिल शहीद अथवा युद्ध में शहीद सैनिकों जिन्हें रक्षा मंत्रालय द्वारा यह दर्जा दिया गया हो।
स्वतंत्रता संग्राम सेनानी जिन्हें गृह मंत्रालय द्वारा यह दर्जा दिया गया हो।
उत्तराखण्ड प्रदेश के विभिन्न क्षेत्रों यथा सामाजिक, राजनैतिक, शिक्षा आदि में ख्याति प्राप्त व्यक्तियों के नाम पर।"
In district Bageshwar there are number of gram sabhas which constitutes of number of villages. The villages with which we are concerned and are necessarily required to be dealt with is village, "Hawil Kulwan" from where one of the freedom fighter, who was the member of the Indian National Army, Mr. Khadak Singh Bisht hailed. The other village was village "Sirkot" from where another freedom fighter, who too was the member of Indian National Army, named as Kesar Singh hailed. The villagers of the two villages had their own sentiments attached to the sacrifice done by the Freedom Fighters for the independence, who hailed from their village which they wanted to be reckoned by naming the college by their name. In village "Sirkot" there exists a Government Inter College in district Bageshwar, which was established after the contribution being made by the villagers and as such other persons who we interested in the upliftment of the education of village Sirkot. Besides above two persons, there were other freedom fighters also, who were the members of the Indian National Army, who also hailed from the aforesaid villages.
The village "Sirkot" and village "Hawil Kulwan", as per the records brought in the writ petition are situated at a distance of about 6 kms. away from one another. Village Hawil Kulwan is the village from where Late Mr. Khadak Singh Bisht hailed, the said village has various educational institutions existing, so is the status of village Sirkot where the Government Inter College in qusetion, which was later on sought to be rechristened as "Swatantrata Sainani Kesar Singh Inter College Sirkot". A process was adopted by the authorities and after undertaking number of steps and including taking valid permissions from the competent education authorities holding various meetings of Management and Parents Teachers Association, it was ultimately decided to rechristen the name of Government Inter College Sirkot as Swantantrata Sainani Kesar Singh Inter College, Sirkot. After culmination of the proceedings of rechristening the school was running in a said capacity and with the said nomenclature without any obstructions as such.
It seems that the Hon'ble Chief Minister of the State on his visit to Village Sirkot had made a declaration from a political platform changing the name of the college of Sirkot, which resulted into a subsequent issuance of a Government Order, whereby, exclusively based on the declaration of the Hon'ble Chief Minister made on 13.01.2018, the name of the college was changed as Swatantrata Sainani Khadak Singh Bisht Government Inter College, Sirkot, Bageshwar, from Swatantrata Sainani Kesar Singh Government Inter College, Sirkot. This declaration and change of name of the college was not welcomed by the villagers for the reason that it was a dishonour and disregard, which was extended to a freedom fighter Kesar Singh, who was a member of INA who belongs to their village, due to the rechristening of the Government Inter College Sirkot, the same was uncalled for, for the reason that Mr. Khadak Singh Bisht, who was the freedom fighter, and also member of INA, did not hail from village Sirkot, rather he belonged to village Hawil Kulwan, which is situated at a distance of about 6 kms. away from village Sirkot. Hence, there was no rationale nor there was any logic for the Hon'ble Chief Minister to make a public declaration No. 252/2018 of changing the name of the college as Swatantrata Sangram Sainani Khadak Singh Bisht Government Inter College, Sirkot, Bageshwar, from Swatantrata Sangram Sainani Kesar Singh Government Inter College, Sirkot Bageshwar.
Under the education laws the regulations framed thereunder and the Government orders issued from time to time, it entails a complete process to be resorted to with which name an institution is to be named and as per the documents which has been brought on record by the petitioner it goes to show that prior to rechristening the Government Inter College Sirkot with the name of Swatantrata Sangram Sainani Kesar Singh Government Inter College Sirkot, a complete process of holding meetings, seeking appropriate permission, and directions from the competent authorities, as per the Government Orders, was undertaken and it is ultimately after their approval that the Government Inter College, Sirkot was named as Swatantrata Sangram Sainani Kesar Singh Government Inter College, Sirkot, the name with which an institution is to be managed and recognized under the prevalent education laws and under what name it is to be controlled exclusively falls to be within the domain of the competent authorities of the education department under the prescribed laws and Government orders governing the field.
As far the political leaders are concerned, they under the Act or the bylaws or from the Government orders have not been granted or vested with any powers under law to issue public directions or declarations for changing the name of the college, and that too without following the procedure laid by the Government instructions issued from time to time. This Court holds that Hon'ble Chief Minister had no such power to change the name of an Inter College by public declarations, contrary to the procedure.
Consistently on being asked with the question from the Standing Counsel to show the power of the Hon'ble Chief Minister where he could rechristened the name of the educational institution, nothing has been brought on record to show that the Hon'ble Chief Minister has been vested with the powers under any law or government orders to rechristen the name of the college with which it has already been adorned with the name as per the provisions of the Government Orders issued by the Secretary of the State on 20.07.2013.
Owing to the above, this Court prima facie is of the view that in the absence of there being any material being brought on record by the Standing Counsel to show that the Hon'ble Chief Minister had power under law to rechristen the name of a college with which it was already recognized, the impugned order dated 2.08.2018 which is foundationed on the public declaration made by the Hon'ble Chief Minister for changing the name of the college cannot be sustained and, hence, is quashed. As a consequence thereto, the effect of quashing of the impugned order would be that the Government Inter College Sirkot would continue to be name recognized with the Swatantrata Sainani Kesar Singh Government Inter College, as it has already been done by the competent education authorities.
Subject to above observation, writ petition is allowed. The impugned order dated 02.08.2018 as passed by respondent no. 1 is quashed.
However, there would be no order as to cost.