Committee of Management, Shri Bhavnath Inter College v. Deputy Director of Education
1980-10-08
M.N.SHUKLA, SATISH CHANDRA
body1980
DigiLaw.ai
JUDGMENT M.N. Shukla, J. - This writ petition can be disposed of on a short point and hence it is not necessary to go into the detailed facts of the case. 2. In brief the position is that the petitioner's claimed to be the Committee of Management of Shri Bhavnath Inter College, Lahuan Kalan, Azamgarh by virtue of an election which took place on 9-4-1977 and which was approved by the District Inspector of Schools, Azamgarh. Originally the term of the Committee of Management was three years under the Scheme of Administration as it stood at that time. But by a later amendment in the Scheme of Administration approved by the Deputy Director of Education, VII Region, Gorakhpur the term was extended up to five years. Consequently, the petitioner Committee of Management was to continue till 8-4-1982 However, its term was abruptly cut short by the impugned order of the Deputy Director of Education (respondent No. 1) dated 5-8-1980, which purported to have been passed in exercise of the power conferred upon him by paragraph 21 of the Scheme of Administration approved under Section 16-A of the U P. Intermediate Education Act, 1921. By the aforesaid order the Deputy Director of Education declared that the dispute had arisen between two rival Committees of Management with respect of Shri Bhavnath Intermediate College. Lahuan Kalan, Azamgarh and consequently Sri Dinesh Chandra Karaujia, District Basic Education Officer, Azamgarh was appointed Administrator to carry on the administration of the College. 3. The contention of the petitioners was that paragraph 21 of the Scheme of Administration was ultra vires of the U. P. Intermediate Education Act and hence the order of respondent No. 1 passed in exercise of the power under that paragraph was invalid. 4. Respondent No. 4 contested the writ petition on the grounds. Inter alia, that the last election for the Committee of Management of the institution was held on 9-4-1977, that thereafter there had been gradual deterioration in the management of the affairs-of the institution, that written complaints were made by a number of members of the Committee of Management to the President of the Committee of Management regarding grave financial irregularities, defalcation of accounts, misappropriation of funds etc.
against Sri Markandey Singb, Manager of the Committee of Management of the institution (petitioner No. 2), that for these reasons a meeting of the Committee of Management was convened on 18 5-1980 but there was serious disturbance inasmuch as even the proceedings were disrupted, that, however, another meeting was held on 3-6-1980 in which a no-confidence motion was passed against Sri Markandey Singh and he was removed from the office of the Manager of the Committee of Management and Sarvsri Sheo Ganga Singh and Basdeo Singh, Secretary and member respectively of the Committee of Management were also removed and in their places other persons were elected, that Sri Markandey Singh and his associates also resorted to force and hence a report was lodged with the police as also with the District Inspector of Schools, complaints and counter-complaints were sent to the District Inspector of Schools, Azamgarh and the Deputy Director of Education, Gorakhpur etc. which ultimately led to the passing of the impugned order. The contesting respondent argued that paragraph 21 of the Scheme of Administration was perfectly valid and the chaotic conditions created in the College on account of maladministration by the petitioners fully justified the action taken by the Deputy Director of Education under paragraph 21 of the scheme of Administration. 5. We have heard learned counsel for the parties. The point is, however, concluded by a full Bench decision of this Court in Committee of Management and another v. Deputy Director of Education and others, [1980 ALJ 683] in which clause (B) of paragraph 21 of the Scheme of Administration was in identical terms. It provided : "(B) The D.D.E. of the Region shall on being satisfied that there is dispute relating to the "right of Management and shall declare as such and appoint a competent person to manage the institution during the period of dispute". 6. In the instant case also paragraph 21 of the Scheme of Administration authorised the Deputy Director of Education to declare the existence of a dispute and thereupon appoint an Administrator to manage the affairs of the institution until the dispute between the rival Committees was resolved. Such provision in the Scheme of administration is violative of Regulation 14 (1) of the Regulations framed under the U. P. Intermediate Education Act.
Such provision in the Scheme of administration is violative of Regulation 14 (1) of the Regulations framed under the U. P. Intermediate Education Act. As observed by the full Bench in the case of Committee of Management and another v. Deputy Director of Education and others (supra) : "Clause 21 (B) cannot, in our view be read as one providing for such an interim arrangement as is contemplated by Regulation 14 (i). This clause is inextricably interwoven with clause (C) and cannot be considered in isolation. In this view of the matter, the legality of Clauses (B) and (C) of paragraph 21 of the Scheme cannot be sustained. Clause (A) of the paragraph, under the circumstances, is rendered meaningless because the Scheme does not aim the Deputy Director of Education either with powers to resolve the dispute, if any, regarding right of management or to direct some other authority to do so and consequently a reference to the Deputy Director of such a dispute would be purposeless". 7. In the circumstances the order of the Deputy Director of Education, VII Region, Gorakhpur, appointing the,District Basic Education Officer, azamgarh as the Administrator to carry on the administration of Shri Bhavnath Inter College, Lahuan Kalan, Azamgarh cannot be sustained. 8. In the result this writ petition succeeds and is allowed with costs. The impugned order dated 5-8-1980 passed by the Deputy Director of Education, VII Region, Gorakhpur is declared void and is hereby quashed.