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2011 DIGILAW 1694 (ALL)

C/M Sri Gandhi Smarak Inter College and Another v. Joint Director of Education, 1St Region, Meerut and Others

2011-07-14

V.K.SHUKLA

body2011
Hon’ble V.K.Shukla, J.—In the present case, petitioner has rushed to this Court for quashing of the order dated 2nd July, 2011 passed by Joint Director of Education Ist Region, Meerut. 2. In the district of Ghaziabad there is recognized institution known as Sri Gandhi Smarak Inter College, Mujaffara Bagarpur, Ghaziabad. The Institution is duly recognized under the U.P. Intermediate Education Act 1921 and is also governed under U.P. Act No. 24 of 1971. 3. Petitioner has come up with a case that the institution is managed by elected and recognized Committee of Management under the approved scheme of Administration. The election of committee of Management of the Institution was held on 9.3.2008, in that election Lallo Singh was elected Vice President and Dr. Subhash Chand was elected Manaager, Kailash Chand was elected Deputy Manager, alongwith other office bearers and the said Committee was duly recognized by the three members Regional Committee on 20.3.2008 which was communicated by the Joint Director of Education 1st Region Meerut vide order dated 20.3.2008. That the Manager of Committee of Management Dr. Subhash Chand was not taking interest in the development of the Institution and performance of his duties under that circumstances and Agenda was circulated on 5.6.2011 to the office bearers and members of Committee of Management for the meeting of Committee of Management on 14.06.2011. In pursuance of the aforesaid Agenda, a Meeting of Committee of Management of Institution was held on 14.6.2011 at the campus of the Institution in the said meeting out of total 12 elected members including 5 office bearers, 4 office bearers and 4 members total 8 members participated and all they passed resolution of no confidence motion against the Manager Dr. Subhash Chand and in its place petitioner no. 2 Kailash Chand who was Deputy Manager in the Committee was elected as Manager for remaining period. The President of Committee of Management submitted requisite papers to the District Inspector of Schools, Ghaziabad on 20.6.2011 for recognizing and attesting the signatures of Manager Kailash Chand. The District Inspector of Schools, Ghaziabad vide order 20.6.2011 recognized the petitioner no. 2 Kailash Chand as Manager of Committee of Management and attested his signatures. 4. Petitioners claim that thereafter it appears that Dr. The District Inspector of Schools, Ghaziabad vide order 20.6.2011 recognized the petitioner no. 2 Kailash Chand as Manager of Committee of Management and attested his signatures. 4. Petitioners claim that thereafter it appears that Dr. Subhash Chandra Agarwal represented the matter before Joint Director of Education and Joint Director of Education in his turn without providing any opportunity of hearing has proceeded to pass order of cancelling the order passed by District Inspector of Schools, at this stage present writ petition in question has been filed. 5. Sri Indra Raj Singh, counsel for the petitioner has assailed the validity of the order dated 2nd July, 2011 passed by Joint Director of Education 1st Region, Meerut on the ground that against the order passed by District Inspector of Schools there is no remedy of appeal and here without providing any opportunity of hearing the order impugned has been passed. 6. Sri S.P. Singh, Advocate representing respondent no. 4 on the other hand contended that Joint Director of Education exercises supervisory power and here order passed by District Inspector of Schools dated 20th June, 2011 was totally ex parte to his client in violation of the provisions of Scheme of Administration, without providing any opportunity of hearing to him and as such rightly same has been set at naught. 7. In respect to the fact as to whether resolution of no confidence is valid or invalid, the said fact has to be examined by the District Inspector of Schools after hearing the parties concerned, inasmuch as before this Court precise mention has been made by Kailash Chand that at no point of time any valid meeting had been convened and even copy of agenda notices have been served upon him and large scale manipulation had been made behind his back and even District Inspector of Schools had also attested the signature of other side behind his back, this fact in particular has not been disputed before this Court. The order which was passed by District Inspector of Schools on 20th June, 2011 was ex parte order vis-a-vis Dr. Subhas Chandra Agarwal. This fact has not been disputed before this Court. An order dated 2nd July, 2011 passed by Joint Director of Education is also ex parte order vis-a-vis the petitioners. The order which was passed by District Inspector of Schools on 20th June, 2011 was ex parte order vis-a-vis Dr. Subhas Chandra Agarwal. This fact has not been disputed before this Court. An order dated 2nd July, 2011 passed by Joint Director of Education is also ex parte order vis-a-vis the petitioners. The fact of the matter is that both the order dated 20th June, 2011 and 2nd July, 2011 are ex parte order passed without providing any opportunity of hearing to the respective parties who were to be adversely affected on account of passing of the said order, and quashing of the order dated 2nd July, 2011 would amount to restoration of another order which is also ex parte. 8. In such a situation and in this background as agreed by both the parties the order dated 20th June, 2011 passed by District Inspector of Schools, Ghaziabad as well as the order dated 2nd July, 2011 passed by Joint Director of Education, 1st Region, Meerut are hereby quashed and set aside. The District Inspector of Schools is directed to decide the validity of the resolution of no confidence in accordance with law preferably within next eight weeks from the date of production of certified copy of the order passed by this Court after providing opportunity of hearing to the petitioners as well as Dr. Subhash Chandra Agarwal. Needless to say that reasoned decision shall be taken on the parameters of the provisions as contained under the Scheme of Administration. 9. With these observation/ direction, writ petition stands disposed of. _____________