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1982 DIGILAW 1098 (ALL)

Anjuman Islah Muslim Rajput Khasar-C-Bar, Dil-Darnagar, Dist. Ghazipur v. District Inspector of Schools, Ghazipur

1982-09-23

K.C.AGRAWAL, SATISH CHANDRA

body1982
JUDGMENT Satish Chandra, C.J. - The Anjuman Islah Muslim Rajput Kamsar-c-Bar, Dildarnagar, is a minority institution. It runs an Intermediate College. Respondent No. 2 Sri John Mohammad was a teacher in the L.T. grade in the college. The Managing Committee, on January 11, 1979, terminated the services of respondent No. 2. Respondent No. 2 appears to have approached the District Inspector of Schools who, by an order dated February 5, 1979 held that since the three years term of the managing committee of the institution had come to an end long back, the order of termination of respondent No. 2's services passed m January 1979 was invalid. The institution was directed to immediately reinstate Sri John Mohammad. Prior to this the Inspector had on January 30, 1979 complained to the management that the elections to the managing committee were held in June, 1974. Their three year term expired in 1977. Since then no elections have been held. The attempt of the managing committee to get its term extended was refused. Hence the actions and decisions of the managing committee after the expiry of its term were all illegal. The committee was directed to hold the elections immediately. 2. Sri S.S. Bhatnagar, learned counsel for the petitioners stated before us that the elections to the managing committee were duly held in 1979 at which one Sami Ullah Khan was elected as the manager. Previously the manager was Ali Ahmad Khan. The clear and concise argument raised on behalf of the petitioner was that the Inspector was under a misapprehension of the true legal position when he held that since the term of the committee had expired, the actions of the managing committee thereafter were invalid. 3. It is not disputed that the institution is governed by a duly approved scheme" of administration. Clause 5 of the scheme gives the constitution of the committee of management. The committee shall have 15 members. The committee has three categories of members, namely, (a) office-bearers, (b) ex officio members, and (c) ordinary members. There are five office bearers and three ex officio members. In addition, seven are ordinary members. Clause 5 of the scheme gives the constitution of the committee of management. The committee shall have 15 members. The committee has three categories of members, namely, (a) office-bearers, (b) ex officio members, and (c) ordinary members. There are five office bearers and three ex officio members. In addition, seven are ordinary members. Clause 7 of the scheme provides : - "The term of officie-bearers and members other than ex officio members shall be three years from the date they are chosen provided that the term of every office bearer shall be deemed to have continued till his successor is chosen." 4. Clause 9 (iv) of the scheme gives the quorum at five members or one-third of the total number of the when members, whichever is greater. It the meeting is adjourned for went of quorum, it shall be held after half an hour after the time fixed for the commencement of the meeting. It appears that the elections were held in 1974. The term of the elected members came to an end after three years, i.e., in 1977, The ex officio members by virtue of clause 7, however, continued to remain in office and constitute membership of the committee of management till their successors were chosen. The scheme does not provide for any specific term for the ex officio members. It provides that the principal and two teachers shall in accordance with Section 16-A (i) of the Intermediate Education Act, 1921 constitute the ex officio members. 5. It is not disputed that the office bearers continued to constitute the committee of management and so did the ex officio members. 6. There is no provision in the scheme of management providing for the dissolution or extinction of the committee of management on the expiry of the three year period of the ordinary members, or in any other contingency. The scheme thus contemplates that the committee of management will be a continuously existing body with at least ex officio and office bearers as its members. The existence of the office bearers depends upon fresh elections. If and when fresh elections are held and successor office bearers come into existence then on the happening of that event their term of previous office bearers comes to an end. The Committee of management itself never comes to an end. 7. The existence of the office bearers depends upon fresh elections. If and when fresh elections are held and successor office bearers come into existence then on the happening of that event their term of previous office bearers comes to an end. The Committee of management itself never comes to an end. 7. The order terminating the services of John Mohammad respondent No. 2 was passed by the committee of management of January 11, 1979 when admittedly the ex officio and elected office bearers were in existence and constituted the committee of management. Only the elected ordinary members had by then ceased to be the members of the committee of management. There is no allegation that they participated in the meeting. In this view, it cannot be said that the committee of management had become defunct or illegally constituted of could not validly junction with regard to the affairs of the institution. The Inspector was misinformed in law in taking that view. 8. In the result, the writ petition succeeds and is allowed. The impugned orders passed by the Inspector of Schools dated January 30, 1979 and February 5, 1979 are quashed. No order as to costs.