Committee of Management, Sri Balwant Shahid Inter College, through its Manager v. Joint Director of Education, Kanpur Region.
2004-11-18
ARUN TANDON
body2004
DigiLaw.ai
ARUN TANDON, J. ( 1 ) HEARD Pt. Dharam Narain Dubey, learned Counsel for the petitioners, Sri Y. K. Saxena, learned counsel for the respondent Nos. 4 and 5 and Sri Piyush Shukla, learned Standing Counsel for the respondent Nos. 1 to 3. ( 2 ) THE alleged Committee of Management of Sri Balwant Shahid Inter College, Nagariya yadwan, Etawah, through its Manager Yogendra Singh and its Chairman, Sri Laxman Kumar sharma has filed this writ petition against the Order passed by the Regional Level Committee dated 19th June, 2004 and the consequential Order passed in pursuance thereof by the District inspector of Schools, dated 21st June, 2004, (Annexure Nos. 1 and 2 respectively to the writ petition), whereby the elections set up by the respondent Nos. 4 and 5, namely, Sri Kitab Shree and Vishambhar Dayal have been recognized and the signatures of Sri Kitab Shree, respondent no. 4 have been attested as Manager of the Institution. ( 3 ) ON behalf of the petitioner it is contended that the elections recognized under the impugned order have not taken place merely certain papers were transmitted by the outgoing Committee of management for establishing the elections. The Regional Level Committee had passed the impugned Order dated 19th June, 2004 recognizing the said forged and fabricated elections pleaded by the respondent Nos. 4 and 5 and in pursuance of the Order of Regional Level committee the District Inspector of Schools has attested the signatures of the respondent No. 4 as Manager of the Institution. Even otherwise tile Order passed by the Regional Level committee contains absolutely no reasons and as such cannot be legally sustained. ( 4 ) ON behalf of the respondents it is submitted that the respondent No. 4 was the Manger of the outgoing Committee of Management and the fresh elections of the Committee of Management can be held by the said Committee in accordance with the approved scheme of administration only. Legal position in that regard has been referred upon a Division Bench judgment of this court reported in 1995 A. W. C. 181 in the case of Committee of Management v. The District inspector of Schools, Mau and Ors.
Legal position in that regard has been referred upon a Division Bench judgment of this court reported in 1995 A. W. C. 181 in the case of Committee of Management v. The District inspector of Schools, Mau and Ors. , ( 5 ) IT is further submitted that all the relevant papers pertaining to the elections of the Committee of Management headed by the respondent No. 4 were transmitted before the Regional Level committee through the office of the District Inspector of Schools. After being satisfied with the papers so submitted by the respondent No. 4 the, Regional Level Committee has granted approval and therefore, there is no illegality in the Order passed by the Regional Level committee, which calls for any interference under Article 226 of the Constitution of India. The respondents further contends that the petitioners are not even primary, members of the general body and as such they have no right to approach this Court under Article 226 of the Constitution of India by means of the present writ petition. ( 6 ) I have heard learned Counsel for the parties and have gone through the records of the present writ petition. It is not in dispute that the elections set up by the petitioner have not been held by the outgoing recognized Committee of Management. The petitioners as such had no competence to hold the elections under the provisions of scheme of administration. In view of the law laid down by this Court in the case of Committee of Management (supra), the petitioners were not authorized to hold any elections, and as such their claim cannot be legally sustained. However, from the Order passed by the Regional Level Committee dated 19th June, 2004 (Annexure No. 1 to the writ petition), it is apparent clear that absolutely no reasons have been recorded for the purposes of upholding the elections dated 6th June, 2004 pleaded by the respondent Nos. 4 and 5. ( 7 ) IT is surprising to note that the Regional Level Committee has not noticed on the date of the elections in pursuance whereof attested of the signatures of the respondent No. 4 as Manager has been decided; ( 8 ) IN the opinion of the Court such an Order passed by the Regional Level Committee which contains absolutely no reasons cannot be legally sustained.
The Regional Level Committee is under legal obligation to record a specific finding to the effect that the elections pleaded by the respondent Nos. 4 and 5 have been held strictly in accordance with the approved scheme of administration and from amongst the validity of the members of the electoral college. In absence of such reasons and finding having been recorded by the Regional Level Committee in the impugned Order dated 19th June, 2004 recognizing the elections pleaded by the respondent Nos. 4 and 5 cannot be legally sustained and is hereby quashed. Since the Order dated 21st June, 2004 passed by the District Inspector of Schools is only a consequential action taken in pursuance of the aforesaid Order dated 19th June, 2004. The said Order cannot be survive as the Order of the regional Level Committee dated 19th June, 2004, has been quashed by this Court, accordingly, the Order of District Inspector of Schools dated 21st June, 2004 is also quashed. ( 9 ) IN such circumstances the matter is remanded to the Regional Level Committee, Kanpur to decide the legality or otherwise of the elections set up by the respondent Nos. 4 and 5 dated 6th june, 2004 strictly in accordance with law and with reference to provision of the scheme of administration within one month from the date a certified copy of this Order is produced before the Regional Level. Committee. The Regional Level Committee shall afford opportunity of hearing to the parties concerned including the petitioner and shall also permit the exchange of documents. The Regional Level Committee shall also record a specific finding as to whether the petitioners are a primary member of the general body or not and further as to whether they have any right to file the objections in respect of the elections set up by the respondent Nos. 4 and 5. ( 10 ) WITH the aforesaid observations, the present writ petition is disposed of finally. . .