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1981 DIGILAW 570 (ALL)

Committee of Management of Swatantra Bharat Intermediate College, Sahail, Dist. Etawah v. State of U. P

1981-07-22

K.C.AGRAWAL, V.K.KHANNA

body1981
JUDGMENT K.C. Agrawal, J. - This petition under Article 226 of the Constitution challenges two orders-one passed by the District Inspector of School on 11.0.81 (Annexure 10) and the order of the Assistant Registrar, Societies Chits dated 4th of June, 1981 (Annexure 11), 2. Two contentions were raised. The main point raised by the learned counsel for the petitioner was that the District Inspector of Schools had no jurisdiction to recognise the rival Committee of Management of Kailash Narain respondent 4, without affording opportunity to petitioner 2 Vishambhar Singh. The said petitioner claimed that be had been elected as the Manager of the Swatantra Bharat Intermediate College, Sahail. district Etawah on 15th June, 19K0 and that he had been functioning in that capacity as such. Sri B. Dixit, learned counsel for respondent 4 disputed that Bishambhar Singh Chauhan and not been elected. 3. The question as to whether a meeting, as alleged by the petitioner 2, took place on the date mentioned above or not, need not be gone into in this case. For our purpose, the main question that arises for decision is as to whether the order of the District Inspector of Schools having been passed behind the back of the said petitioner 2, could be sustained. There does not appear to be any dispute between the parties that petitioner 2 had not been given any notice by the D. I. O. S. before passing the order. As before passing the said order, the petitioner 2 was entitled to a notice, the order is in breach of natural justice, and is liable to be quashed. 4. The second order challenged was that of the Assistant Registrar dated 4th June, 1980. By the said order, Assistant Registrar found that Kailash Narain Tiwari and others were the members of the Committee of Management of Swatantra Bharat Intermediate College, Sahail, district Etawah. Sri S. R. Misra, counsel for the petitioner urged that Assistant Registrar had no power to decide the controversy about the election of Committee of Management. The power accruing to him, given by Section 25 is only about the Society and as such, the impugned order being in respect of the Committee of Management of the College, mentioned above, was invalid. This position was disputed by the learned counsel for the respondent. We need not go into this controversy. The power accruing to him, given by Section 25 is only about the Society and as such, the impugned order being in respect of the Committee of Management of the College, mentioned above, was invalid. This position was disputed by the learned counsel for the respondent. We need not go into this controversy. It will be open to the petitioner to pursue that matter. The decision given by this Court in this petition will not effect the right to pursue the same. 5. Sri B. Dixit, counsel for the respondents contended that although it was correct to argue that the District Inspector of Schools could not besides his decision on the judgment given by the Assistant Registrar in the proceedings under Section 25 of the Registration of Societies Act but as the said decision was relevant it could be looked into for ceding the controversy which arise before him. Be that as it may, we are not called upon to decide this matter. 6. For the reasons given above, the writ petition succeeds and is allowed. The order of the D. I. O. S. dated 11-6-81 is quashed. He is directed to decide the matter of the Committee of Management of Swatantra Bharat Intermediate College, Sahail, Etawah afresh. 7. Let a copy of the order be given to the counsel for the parties on payment of usual charges within two days.