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1999 DIGILAW 1221 (ALL)

COMMITTEE OF MANAGEMENT v. DISTRICT INSPECTOR OF SCHOOLS BASTI

1999-08-18

A.K.YOG

body1999
( 1 ) THERE is a recognised minority Inter College by the name of khair Industrial Higher Secondary School, Basti, (for short called the institution ). One Syed Alauddin claiming to be President /secretary of the said institution filed present petition in the name of Comm. Of management of the institution and also in his personal capacity and sought to challenge order dated 26. 02. 1999 passed by D. I. O. S. , respondent no. 1 (Annexure-6 to the Writ Petition ). ( 2 ) THE said impugned order is said to have been passed on the basis of opinion obtained from SC; true copy of the said opinion dated 12. 02. 1999 has been annexed as Annexure no. 7 to the petition. It is sad to note that SC appointed by the State Government at the high Court gave opinion against record. The SC ought to have desisted from giving such opinion, which was apparently aimed to help a litigant out of way. The D. I. O. S. should have also applied his own mind and relied upon his wisdom. It is high time, that court must take notice of the fact that opinions are obtained from SC and concerned D. G. C. (Civil) for extraneous consideration which are, peruse record, given for strengthening hands of one or the other unscrupulous litigant. Authorities and officials who are involved in such racket cannot be said to be above board. Their on integrity comes under shadwo of doubt. In the facts of this case, it is appropriate that a copy of this judgement shall be sent to the chief secretary, U. P. Government for initiating enquiry and suitable action against concerned DIGS and to ensure to check on such practices in future. ( 3 ) ONE Sri Dwarika Prasad, the then DIGS vide his order dated 17. 10. 1998 held that none of the three rival contending parties could be recognized as legally constituted Committee of Management. ( 4 ) THE District Inspector of Schools, sent a letter dated 05. 02. 1999 addressed to Sri S. C. Srivastava, SC for U. P. At High court, and Allahabad. One fails to find reason why said letter was addressed to particular SC. Reasons may not be too far to find. ( 4 ) THE District Inspector of Schools, sent a letter dated 05. 02. 1999 addressed to Sri S. C. Srivastava, SC for U. P. At High court, and Allahabad. One fails to find reason why said letter was addressed to particular SC. Reasons may not be too far to find. After having managed a tailor made legal opinion,, the then DIGS got fortified to pass and order, which he was not otherwise in a position to issue (in view of his order dated 17. 10. 1998) and oblige a particular party of his choice. ( 5 ) IN the impugned order dated 26. 02. 1999 the District Inspector of Schools, referred to the opinion of the SC and went ahead boldly to perpetuate gross misuse of his official position and power. He passed impugned order and recognised one Sri Hamidullah Khan as president/manager/treasurer. ( 6 ) THIS Court regrets to record a note that District Inspector of schools (belonging to educational department) Became instrumental in paving way to circumvent his own order dated 17. 10. 1998 and for it he willingly went out of his way,. It has lead to more fierce litigation. ( 7 ) ULTIMATELY, Court is a mute sufferer, as it has to deal with litigation fomented by Government Officers of the State government. The entire situation requires serious consideration and positive action at the higher level. DIGS had found that said hamidullah Khan was not entitled to be recognized vide order dated 17. 10. 1998 Nothing having intervened in between the said DIOS had no business, to recognise any person as the manager. ( 8 ) IT is argued before this Court that Syed Alauddin has no locus standi to file present petition as he was not a party when DIOS passed order dated 17. 10. 1998. The other contesting respondent submitted that said Syed Alauddin had subsequently replaced Abdul wahid Siddiqui (whom he had represented before DIOS ). This Court need not go into the merit and demerit of the said issue, in as much as there is no allegation that Committee of management represented by Abdul Wahid Siddiqui did not authorise said Syed Alauddin to file the present petition. This Court need not go into the merit and demerit of the said issue, in as much as there is no allegation that Committee of management represented by Abdul Wahid Siddiqui did not authorise said Syed Alauddin to file the present petition. ( 9 ) APART from the above this Court is seized of the matter in exercise of its jurisdiction under Article 226, Constitution of India is fully entitled to take notice of the illegality committed by the government Officer in the case. It cannot be ignored on technicalities. ( 10 ) THE impugned order dated 26. 02. 1999 (Annexure-6 to the writ Petition) passed by DIGS, Basti is set aside. Respondents are directed to restore the position which existed immediately on the day of passing of the order dated 17. 10. 1998. ( 11 ) WRIT petition stands allowed. There will be no order as to costs. ( 12 ) REGISTRY is directed to send a certified copy of this judgment to the Advocate General for information. .