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1997 DIGILAW 9 (ALL)

Committee of Management, Smt. Indira Gandhi Smriti Inter College v. District Inspector of Schools

1997-01-06

S.P.SRIVASTAVA

body1997
JUDGMENT : S.P. SRIVASTAVA, J. 1. Heard the learned Counsel for the Petitioners. 2. Perused the record. 3. It is not disputed that a Committee of Management with Ramvir Singh as its Manager had been duly elected on 30.4.1994 and was recognised by the District Inspector of Schools. The members as well as the office bearer of the aforesaid Committee of Management were sought to be replaced under a resolution dated 22.10.1995 claimed to have been passed in the meeting of the general body. This resolution was not accepted by the District Inspector of Schools vide his order dated 9.2.1996. 4. The present Petitioners sought to challenge the aforesaid order by means of Civil Misc. Writ Petition No. 16654 of 1996. This writ petition was dismissed by this Court vide the order dated 13.5.1996 observing that "by the alleged resolution of no confidence an attempt was made to replace the entire Committee of Management which could not be permitted." 5. Subsequent to the aforesaid order, the Committee of Management with Sri. Ramvir Singh as its Manager was sought to be replaced by another Committee of Management vide the resolution dated 12.6.1996 passed in the meeting of the general body. Initially, this resolution was accepted by the District Inspector of Schools vide his order dated 13.11.1996 but later on by another order dated 17.12.1996, the said order was recalled. 6. Feeling aggrieved, the Petitioners have approached this Court seeking the quashing of the order dated 17.12.1993 passed by the District Inspector of Schools. 7. Considering the facts and circumstances brought on record and the observations made in the judgment and order passed in Civil Misc. Writ Petition No. 16654 of 1996 referred to herein above, the ouster of the Committee of Management elected on 30.4.1994 in the manner as claimed cannot be held to be in accordance with law. 8. Further, a perusal of the Scheme of Administration framed for the College under the provisions contained. In the-Intermediate Education Act another regulations framed there under, a true copy of which Scheme of Administration has been filed as Annexure I to the writ petition, it is apparent that the Committee of Management contemplated therein is a continuing body. 8. Further, a perusal of the Scheme of Administration framed for the College under the provisions contained. In the-Intermediate Education Act another regulations framed there under, a true copy of which Scheme of Administration has been filed as Annexure I to the writ petition, it is apparent that the Committee of Management contemplated therein is a continuing body. The tenure of the members of the office bearers of the said Committee of Management is four years and a specific provision taking care of the casual vacancies occurring in the Committee of Management has been made providing, however, that in case of a motion of a confidence hearing failed once, the second motion of no confidence against the same member or office bearer cannot be brought within a period of six months from the date of the losing of the motion of no confidence. The approved scheme of administration does not contemplate the ouster of the members or the office bearers of the Committee of Management elected in accordance with the law by any such manner as done in the present case. 9. Considering the circumstances, no justifiable ground has been made out for taking a departure from the view expressed by the barred single Judge in the Civil Misc. Writ Petition No. 16654 of 1996 to the effect that an attempt to replace the entire Committee of Management could not be permitted by any resolution of a general body. 10. The order passed by the District Inspector of Schools dated 30.11.1996 was manifestly illegal. This illegality was rectified by passing the subsequent order dated 17.12.1996. The quashing of the order dated 17.12.1996 will, therefore, obviously results in the revival of a manifestly illegal order which has to be avoided in the present proceedings under Article 226 of the Constitution of India. 11. In the aforesaid view of the matter, no Justifiable ground has been made mil for any interference by this Court in the present proceedings. 12. In the result, the writ petition is dismissed in limine.