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2008 DIGILAW 751 (ALL)

Committee of Management, Sri Krishna Inter College v. State of U. P.

2008-04-02

RAKESH TIWARI

body2008
JUDGMENT : Rakesh Tiwari, J. Heard Sri Ashok Khare, learned senior counsel assisted by Sri Naveen Yadav for the Petitioners, Sri Surendra Pal Singh for caveator-Respondent No. 5 and the standing counsel. 2. The Petitioner has challenged the letter/order dated 4.3.2008 issued by Joint Director of Education, Ist Region, Meerut to the D.I.O.S., Bulandshahr. 3. The Petitioner has prayed for quashing of the impugned order dated 4.3.2008 appended as Annexure-1 to the writ petition and for issuance of a writ in the nature of mandamus commanding the Respondents not to give effect to the aforesaid order. 4. Facts of the case as appear from the record are that Sri Krishna Inter College, Sanauta, district Bulandshahr is an institution imparting education upto Intermediate level. It is managed by a committee of management elected according to approved scheme of administration. The provisions of U. P. Intermediate Education Act, 1921 and the Regulations framed thereunder are applicable to the institution. 5. The last election of the committee of management is said to have been held on 14.8.2005, in which Sri Richhpal Singh was elected as President and Sri Harveer Singh as Manager of the committee of management alongwith other office bearers. The aforesaid election was also approved by the Regional Level Committee through chairman Joint Director of Education, Ist Region, Meerut. 6. It is averred in the writ petition that Sri Richhpal Singh, who was elected as President in the elections dated 14.8.2005, tendered his resignation on 28.5.2007 from the office of President as well as from the membership of committee of management. The resignation of Sri Richhpal Singh is said to have been considered and accepted by the committee of management in its meeting dated 5.6.2007 and in the resultant vacancy Sri Satish Kumar, who was Vice President was elected by the committee of management to work as President for the remaining term. The resignation of Sri Richhpal Singh alongwith resolution of the committee of management dated 5.6.2007 was forwarded by the Petitioner to the D.I.O.S. under covering letter dated 14.6.2007. The papers were forwarded by the D.I.O.S. to the Joint Director of Education, Meerut Region, Meerut for approval. 7. The Regional Level Committee through Chairman Joint Director of Education, Meerut region, Meerut approved the election of Sri Satish Kumar as President in the vacancy caused by the resignation of Sri Richhpal Singh. 8. The papers were forwarded by the D.I.O.S. to the Joint Director of Education, Meerut Region, Meerut for approval. 7. The Regional Level Committee through Chairman Joint Director of Education, Meerut region, Meerut approved the election of Sri Satish Kumar as President in the vacancy caused by the resignation of Sri Richhpal Singh. 8. It appears that Sri Richhpal Singh moved an application dated 10.7.2007 to the D.I.O.S. inter alia that he had not tendered any resignation and the alleged resignation dated 28.5.2007 was under the forged signatures. The aforesaid application was also supported by an affidavit in that regard. It was also brought to the notice of the D.I.O.S. through aforesaid affidavit that no meeting of the general body had been held since 21.10.2006 and his alleged resignation has not been even placed before the General body or accepted by it. 9. On the receipt of aforesaid application alongwith the affidavit, the D.I.O.S. vide his letter dated 12.7.2007 directed the Petitioners to submit reply alongwith evidence on 16.7.2007. The Petitioner states to have appeared before the D.I.O.S. on 16.7.2007 and submitted an application for granting him time to submit evidence regarding the resignation of the President. Thereafter, the Petitioner submitted his reply on 18.7.2007 inter alia that Sri Richhpal Singh had submitted his resignation to the Manager and had signed the same in his presence. It was also averred that at the time of submission of resignation by Sri Richhpal Singh, other office bearers and members of the committee of management were also present and it was wholly false to say that the resignation of Sri Richhpal Singh was submitted by the committee of management under his forged signatures. It was also submitted that the resignation letter having been signed by Sri Richhpal Singh, his signatures could be verified by a handwriting expert. The aforesaid reply was supported by affidavits of seven office bearers/members of the committee of management. 10. The Petitioner admits to have received a letter dated 9.8.2007 from the D.I.O.S. fixing 20.8.2007 as the date for hearing of the case and also the fact that he had appeared before the D.I.O.S. and had requested for fixing some other date and the matter was then adjourned to 25.8.2007 and thereafter to 5.10.2007. It is stated that on those dates no hearing could take place. It is stated that on those dates no hearing could take place. It is also submitted by Sri Khare, learned senior counsel that copies of various affidavits filed by/on behalf of Respondent No. 5 were made available to the Petitioner only when he had applied under Right to Information Act. 11. It appears from the letter dated 13.2.2008 appended as Annexure-14 to the writ petition that the D.I.O.S. had directed the Assistant D.I.O.S., Bulandshahr to make an enquiry into the matter regarding resignation of Sri Richhpal Singh said to have been tendered by him as well as the affidavits filed in support thereof. The Assistant D.I.O.S., Bulandshahr in his report dated 6.2.2008 appears to have informed that he has made enquiry into rival claims of the parties. It was reported that the Regional Level Committee in its meeting dated 21.6.2007 had accorded approval to the resolution of committee of management for appointment of Sri Satish Kumar as President with the condition that in case it is found later on that any fact has been concealed or any incorrect/untruthful statement has been made, then the committee of the management will be responsible for it. He also reported that in support of the contention of Sri Richhpal Singh, Sri Jai Pal Singh-treasurer and other members have informed that some members in the opposition have shown a Farzi resignation letter of Sri Richhpal Singh, the then President which is apparent from the fact that on 21.6.2007 no meeting of the general body had been held and that the letter in fact has been addressed to the Manager which is not proper. It also appears from the aforesaid Annexure-14 that Sri Harveer Singh, manager of the committee of management by his affidavit dated 18.7.2007 had informed that Sri Richhpal Singh had submitted his resignation on 28.5.2007 and in this regard he had also submitted affidavits of five members of the committee of management. The Inquiry Officer, therefore, opined that the resignation letter of Sri Richhpal Singh having not been approved by the general body appears to be suspicious and finally recommended for reconsideration of the matter. Relevant discussion in the letter appended as Annexure-14 is as under: other language 12. The Inquiry Officer, therefore, opined that the resignation letter of Sri Richhpal Singh having not been approved by the general body appears to be suspicious and finally recommended for reconsideration of the matter. Relevant discussion in the letter appended as Annexure-14 is as under: other language 12. Thereafter by the impugned order dated 4.3.2008, the Joint Director of Education, 1st Region, Meerut, has informed that it has been agreed that the decision of the Regional Level Committee dated 21.6.2007 is reviewed and cancelled for the reason that facts have been concealed/found incorrect. The impugned order reads as under : other language 13. Sri Ashok Khare, learned senior counsel for the Petitioner has urged firstly that there is no positive finding in the impugned order and secondly that there is no provision that the resignation is to be accepted by the general body. He lastly submitted that no opportunity of hearing was given to the Petitioner before passing the impugned order. 14. It is apparent from Annexure-14 to the writ petition that opportunity of hearing had been given to the Petitioners and the Manager of the committee of management represented by the Petitioner had filed his objection as well as affidavits of five members of the committee of management in support of the stand taken by the committee. The Manager had also submitted for getting the signatures of Sri Richhpal Singh verified by a handwriting expert. 15. Besides it, the order granting approval to the Petitioners' committee of management, was a conditional one in which it has been specifically stated that in case any fact is found to be incorrect/concealed, the approval to the Petitioners' committee of management may be revoked. 16. It is upon these facts that the Regional Level Committee has reconsidered and revoked the earlier approval granted to the Petitioner for concealment of fact which is also based on the enquiry conducted by the Assistant D.I.O.S.. 17. It is not a case of any of the parties that any meeting of the general body had been held on 21.6.2007 or that resignation letter of Sri Richhpal Singh was placed before the general body in any of its meeting thereafter. Pure question of fact whether the resignation letter submitted by Sri Richhpal Singh is forged one or not, cannot be decided in the writ jurisdiction. 18. Pure question of fact whether the resignation letter submitted by Sri Richhpal Singh is forged one or not, cannot be decided in the writ jurisdiction. 18. On consideration of the facts and perusal of the record, this Court finds that review of the earlier order by the Regional Level Committee is based on appreciation of facts and material evidence placed before it in the shape of affidavits by both the parties. The order by the Regional Level committee revoking its earlier order on consideration of facts and evidence before it is a positive order. No detailed arguments are required to be heard in review of an order. A person who has been elected in the committee of management is entitled to continue as such Sri Richhpai Singh is entitled to continue unless it is proved by oral and documentary evidence in civil suit by the Petitioners that signatures of Sri Richhpai Singh on his alleged resignation letter are not forged and he in fact had resigned from the post of President. The Petitioner insists upon the fact that signatures on the disputed resignation letter is original signatures of Sri Richhpai Singh whereas the Respondents claim the same to be Farzi. This disputed question of fact can only be decided in adjudication in a civil suit where oral and documentary evidence can be adduced by the parties. 19. For the reasons stated above, this Court is not inclined to interfere in the matter. The writ petition is dismissed on the ground of alternative efficacious remedy. No order as to costs.