COMMITTEE OF MANAGEMENT, ADARSH UCHHATAR MADHYAMIK VIDYALAY, AURAIYA v. STATE OF UTTAR PRADESH
2008-09-03
RAJES KUMAR
body2008
DigiLaw.ai
JUDGMENT Hon’ble Rajes Kumar, J.—Heard Sri Yogish Kumar Saxena, learned Counsel for the petitioners, learned Standing Counsel appears on behalf of respondent Nos. 1, 2, 3 and 4 and Sri Ashok Khare learned Senior Advocate appears on behalf of respondent No. 5. 2. By means of the present writ petition, the petitioners are challenging the letter dated 8th August, 2008 issued by the Joint Director of Education, Kanpur Region, Kanpur by which parties have been directed to appear on 19.8.2008 for hearing. In the said letter, it is mentioned that the District Inspector of Schools, Auraiya has informed that there is a dispute of Committee of Management and the matter has been referred to the Regional Level Committee. The petitioners have also challenged the order dated 11.8.2008 passed by the District Inspector of Schools, Auraiya whereby on account of dispute in the Committee of Management, he has ordered for single operation of the account. 3. Learned Counsel for the petitioners submitted that the election of the Committee of Management was held on 2nd June, 2008 in which the Committee of Management of the petitioners were constituted. Necessary papers were submitted before the District Inspector of Schools, Auraiya for approval which were remitted to the Regional Level Committee. Regional Level Committee vide order dated 21st June, 2008 recognized the election and the Committee of Management of the petitioners in absence of any dispute. He submitted that after the order dated 21st June, 2008, respondent set up a claim that the election was held on 2nd June, 2008 in which respondent No. 5 Committee had been constituted and the necessary papers have been submitted for approval on 2nd June, 2008. He submitted that Joint Director of Education, Kanpur Region, Kanpur has no power to review the order of the Regional Level Committe and, therefore, the notices issued, calling upon the petitioners and the respondents to appear is wholly without jurisdiction. He further submitted that once the Committee of Management of the petitioners has been recognized and the signature of the Manager has been attested without giving any opportunity of hearing, the order for single operation is not justified. 4.
He further submitted that once the Committee of Management of the petitioners has been recognized and the signature of the Manager has been attested without giving any opportunity of hearing, the order for single operation is not justified. 4. Sri Ashok Khare, learned Senior Advocate appearing on behalf of respondent No. 5 submitted that necessary papers have been submitted to the respondent No. 4 on 20th June, 2008 before the order dated 21st June, 2008 passed by Regional Level Committee approving the election of the petitioners and, therefore, while approving the election of the petitioners, Regional Level Committee should have considered the claim of the respondents. Merely on the basis of the report of the District Inspector of Schools that there is no dispute of Committee of Management, the election of the petitioners has been approved. He further submitted that in any view of the matter, the claim of the petitioners that in an election held on 2nd June, 2008 his Committee of Management has been constituted is subject matter of consideration by the Regional Level Committee and has to be decided in accordance to law after giving opportunity of hearing. He submitted that Joint Director of Education, Kanpur Region, Kanpur issued the impugned notice dated 8th August, 2008 calling upon the parties to appear. It is simply a notice for appearance by the Chairman of the Committee. The decision is yet to be taken by the Regional Level Committee after giving opportunity of hearing to the parties. He further submitted that respondent No. 5 claim of election and the Committee of Management constituted as a result of election is pending for consideration and, therefore, the order for single operation in such a situation cannot be said to be unjustified. 5. Having heard the learned Counsel for the parties. I have perused the impugned order and other materials on record. 6. The impugned order dated 8th August, 2008, which is Annexure-12 to the writ petition is simply a notice issued by the Joint Director of Education, Kanpur Region, Kanpur, who is Chairman of the Committee calling upon the petitioners to appear and adduce their evidences. The order is yet to be passed by the Regional Level Committee after giving opportunity of hearing.
The order is yet to be passed by the Regional Level Committee after giving opportunity of hearing. The order dated 21SI June, 2008 reveals that the election of the petitioners and the Committee constituted therein were approved by the Regional Level Committee on 21st June, 2008 on the report of the District Inspector of Schools, Auraiya that there was no dispute between the Committee of Management, while the respondent has already submitted the papers for their election on 20th June, 2008, therefore, the claim of respondent No. 5 ought to have been considered by the Regional Level Committee on 21st June, 2008 while considering the claim of the petitioners. It is not in dispute that the respondent No. 5 has also right to claim for the approval of their election and the Committee of Management. If such claim is being made, the same has to be considered by the Regional Level Committee. The Joint Director of Education, Kanpur Region, Kanpur has simply issued notice dated 8th August, 2008 for appearance asking the parties to adduce their necessary evidences, which cannot be said to be illegal by any stretch of imagination. 7. It is true that before passing order for single operation, opportunity of hearing should be given. However, the fact exists that there is a dispute between the two rival Committees and, therefore, if the order for single operation has been passed, it cannot be said to be without jurisdiction and illegal. In the circumstances, no interference is called for. 8. However, on the facts and circumstances, writ petition is disposed of with the direction to the Regional Level Committee to decide the dispute of rival committees in accordance to law after giving opportunity of hearing to all concerned parties expeditiously, preferably within a period of two months from the date of production of a certified copy of the order. The order of the District Inspector of Schools, Auraiya for single operation shall be subject to the order passed by the Regional Level Committee. ————