C/M, Raja Tej Singh Uchchattar Madhy amik Vidyalaya, Mainpuri v. State of U. P & Ors.
2011-02-14
DILIP GUPTA
body2011
DigiLaw.ai
Dilip Gupta, J.:- Writ Petition No.4356 of 2002 has been filed by Committee of Management of Raja Tej Singh Uchchattar Madhyamik Vidyalaya, Mainpuri for quashing the order dated 8th October, 2001 passed by the District Basic Education Officer, Mainpuri by which a direction has been issued that the earlier Manager Satya Pal Singh Chauhan shall continue in view of the order dated 3rd September, 2001 passed by the Court in Writ Petition No.31737 of 2001. 2. Writ Petition No.21857 of 2002 has been filed by Committee of Management of Raja Tej Singh Uchchattar Madhyamik Vidyalaya, Mainpuri and Ravendra Singh claiming himself to be its Manager for quashing the order dated 28th March, 2002 passed by the District Inspector of Schools, Mainpuri by which the earlier order dated 8th October, 2001 passed by the District Inspector of Schools has been set aside and a direction has been issued that Satya Pal Singh Chauhan shall continue as the Manager until further orders in view of the order dated 3rd October, 2001 passed by the District Inspector of Schools. 3. Writ Petition No.15732 of 2004 has been filed by Committee of Management of Raja Tej Singh Uchchattar Madhyamik Vidyalaya, Mainpuri and Ravendra Singh claiming himself to be its Manager for quashing the order dated 27th March, 2004 passed by the Regional Joint Director of Education, Agra as also the order dated 4th April, 2004 passed by the District Inspector of Schools, Mainpuri. The Regional Joint Director of Education by the order dated 27th March, 2004 has approved the elections of the Committee of Management of the Institution held on 2nd July, 2000 with Satya Pal Singh as the Manager and Dr. Nagendra Singh as the President. The District Inspector of Schools, Mainpuri by the consequential order dated 4th April, 2004 has directed the District Basic Education Officer to ensure compliance of the order passed by the Regional Joint Director of Education on 27th March, 2004. 4.
Nagendra Singh as the President. The District Inspector of Schools, Mainpuri by the consequential order dated 4th April, 2004 has directed the District Basic Education Officer to ensure compliance of the order passed by the Regional Joint Director of Education on 27th March, 2004. 4. Writ Petition No.18858 of 2004 has been filed by Committee of Management of Raja Tej Singh Uchchattar Madhyamik Vidyalaya, Mainpuri and Satya Pal Singh claiming himself to be its Manager for quashing the order dated 10th February, 2004 passed by the Regional Joint Director of Education, Agra by which the order dated 17th June, 2000 for approving the Scheme of Administration of the Institution has been set aside and the Scheme of Administration approved on 19th August, 1997 has been declared to be valid. 5. It transpires from the records of the writ petitions that Raja Tej Singh Vidyalaya, Aurandh, Mainpuri (hereinafter referred to as the ''Society') is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the ''Act'). This Society initially established a Junior High School by the name of ''Raja Tej Singh Vidyalaya, Aurandh, Mainpuri' (hereinafter referred to as the ''Institution'). It is said that efforts were made for upgradation of the Junior High School to the High School level and for this purpose the Scheme of Administration of the Institution was approved by the Deputy Director of Education on 19th August, 1997. However, the Institution continued as a Junior High School and the Institution was upgraded as a High School on 6th March, 2000. Thereafter, Satya Pal Singh got a Scheme of Administration of the Institution approved by the Joint Director of Education on 17th June, 2000 in which the term of the Committee of Management was mentioned as five years. 6. It needs to be noticed that at the time when the Institution was a Junior High School, the Society was the parent body and its general body elected the Committee of Management of the Institution of which the term was prescribed as three years. Dispute regarding the Committee of Management of the Institution arose in 1998. Satya Pal Singh claimed to have been elected as the Manager in the elections held on 6th December, 1998, while Lallu Singh Chauhan claimed to have been elected as the Manager in the elections held on 3rd December, 1998.
Dispute regarding the Committee of Management of the Institution arose in 1998. Satya Pal Singh claimed to have been elected as the Manager in the elections held on 6th December, 1998, while Lallu Singh Chauhan claimed to have been elected as the Manager in the elections held on 3rd December, 1998. The Basic Education Officer attested the signatures of Satya Pal Singh as the Manager on 20th January, 1999 on the basis of the elections held on 6th December, 1998. Lallu Singh Chauhan filed Writ Petition No.5611 of 1999 for setting aside the order dated 20th January,1999 passed by the Basic Education Officer. This petition was allowed on 24th February, 1999 and the order dated 20th January, 1999 was set aside with a direction to the Basic Education Officer to decide the matter afresh. The Basic Education Officer decided the matter on 5th April, 1999 again approving the elections held on 6th December, 1998 in which Satya Pal Singh was elected as the Manager. This order dated 5th April, 1999 was again assailed by Lallu Singh in Writ Petition No.20017 of 1999. 7. In between, the Assistant Registrar, Firms, Societies and Chits was also called upon to take a decision on the list of office bearers and members of the Committee of Management of the Society. The Assistant Registrar passed an order on 30th October, 1999 in favour of Lallu Singh. This order was assailed by Satya Pal Singh in Writ Petition No.50290 of 1999. The Basic Education Officer also passed an order dated 23rd October, 1999 for single operation of the account of the Institution. This order was challenged by Satya Pal Singh in Writ Petition No.50966 of 1999. 8. These three Writ Petitions namely Writ Petition No. 20017 of 1999, Writ Petition No. 50290 of 1999 and Writ Petition No.50966 of 1999 were heard together and decided on 10th January, 2000. The operative portion of the judgment is as follows:- "38. The dispute between the parties was which of the two elections namely, one held on 3.12.1998 and the other held on 6.12.1998, is valid. This dispute was cognisable by the Prescribed Authority and the Assistant Registrar had no jurisdiction to decide it. The order of the Assistant Registrar dated 30th October 1999 is illegal and is quashed.
The dispute between the parties was which of the two elections namely, one held on 3.12.1998 and the other held on 6.12.1998, is valid. This dispute was cognisable by the Prescribed Authority and the Assistant Registrar had no jurisdiction to decide it. The order of the Assistant Registrar dated 30th October 1999 is illegal and is quashed. The Assistant Registrar will, within two weeks from the date of service of certified copy of this order, refer the dispute to the Prescribed Authority. The prescribed Authority will expeditiously, if possible within a period of six months, decide the dispute. The writ petition no. 50290 of 1999 (the third writ petition) is allowed. 39. The BSA grants approval to a committee of management as an administrative measure. In the circumstances of the case namely: * the earlier order of this Court; * the fact Sri Ravendra Singh, Assistant Manager was present on behalf of Sri Lallu Singh; reasonable opportunity was afforded to Sri Lallu Singh. The order of the BSA dated 5.4.1999 cannot be set-aside on this ground. This order of the BSA is subject to decision of the Prescribed Authority under section 25 of the Societies Registration Act. If the need be, it may be suitably modified to conform with the order of the prescribed authority. The writ petition no. 20017 of 1999 (the first writ petition) is disposed off with the aforesaid observations. 40. The order of the BSA dated 23rd October 1999 for single operation of accounts has been passed without affording reasonable opportunity to the committee of management. It is illegal and is quashed. The writ petition no. 50966 of 1999 (the second writ petition) is allowed. " 9. As noticed hereinabove, the Institution was recognised as a High School by the State Government on 6th March, 2000. The Scheme of Administration of the Institution was approved by the Joint Director of Education on 17th June, 2000 even though it had earlier been approved by the Deputy Director of Education on 19th August, 1997. 10. Fresh elections of the Committee of Management of the Institution were held on 2nd July, 2000 and the District Inspector of Schools by the order dated 10th July, 2000 attested the signatures of Satya Pal Singh as the Manager.
10. Fresh elections of the Committee of Management of the Institution were held on 2nd July, 2000 and the District Inspector of Schools by the order dated 10th July, 2000 attested the signatures of Satya Pal Singh as the Manager. Lallu Singh Chauhan filed Writ Petition No.50329 of 2000 for quashing the said order dated 10th July, 2000 passed by the District Inspector of Schools in which on 17th November, 2000 an interim order was passed staying the operation of the order dated 10th July, 2000. 11. It also needs to be mentioned that pursuant to the judgment and order dated 10th January, 2000 passed in Writ Petition No.50290 of 1999, the Prescribed Authority decided the dispute under Section 25(1) of the Act by the order dated 30th July, 2001 and the Committee of Management with Lallu Singh Chauhan as the Manager was declared valid. A direction was, accordingly, issued to the Deputy Registrar, Firms, Societies and Chits, Agra as well as the Basic Education Officer, Mainpuri and the District Inspector of Schools, Mainpuri to pass appropriate orders. The Basic Education Officer, accordingly, attested the signatures of Lallu Singh Chauhan on 17th August, 2001 and the District Inspector of Schools also attested the signatures of Lallu Singh Chauhan on 18th August, 2001. 12. Satya Pal Singh, however, filed Writ Petition No.31737 of 2001 to challenge the order dated 30th July, 2001 passed by the Prescribed Authority and an interim order was passed on 3rd September, 2001 staying the operation of the order dated 30th July, 2001. 13. In view of the aforesaid interim order dated 3rd September, 2001 passed by the Court in Writ Petition No.31737 of 2001, the District Inspector of Schools passed an order 3rd October, 2001 that Satya Pal Singh shall continue to be the Manager. Subsequently, the Basic Education Officer passed an order dated 8th October, 2001 recognising Satya Pal Singh as the Manager. 14. It is this order dated 8th October, 2001 that has been challenged in Writ Petition No.4356 of 2002 (first writ petition) filed by the Committee of Management of the Institution in which an interim order was passed on 29th January, 2002 that the Regional Committee shall decide the matter but till then parties shall maintain status quo. 15.
14. It is this order dated 8th October, 2001 that has been challenged in Writ Petition No.4356 of 2002 (first writ petition) filed by the Committee of Management of the Institution in which an interim order was passed on 29th January, 2002 that the Regional Committee shall decide the matter but till then parties shall maintain status quo. 15. However, on 8th October, 2001, the District Inspector of Schools recalled the order dated 3rd October, 2001 and referred the dispute to the Regional Level Committee. Consequently the Basic Education Officer also cancelled the order dated 8th October, 2001 on 28th November, 2001. 16. In the meantime, fresh elections of the Committee of Management of the Institution were held on 30th December, 2001 in which Ravendra Singh was elected as the Manager and the papers were sent to the District Inspector of Schools. 17. On 28th March, 2002, the District Inspector of Schools passed an order cancelling the earlier order dated 8th October, 2001 passed by him and ordered that Satya Pal Singh Chauhan shall continue as the Manager in accordance with the order dated 3rd October, 2001 passed by him. This order dated 28th March, 2002 is under challenge in Writ Petition No.21857 of 2002 (second writ petition) filed by the Committee of Management with Ravendra Singh as the Manager in which an interim order was passed on 24th May, 2002 staying the operation of the order dated 28th March, 2002 and the parties were directed to maintain status quo as on 29th January, 2002. 18. However, Nagendra Singh Chauhan claiming himself to be the President of the Society filed Writ Petition No.43464 of 2003 for a direction upon the Regional Committee to take a decision on the dispute referred to it by the District Inspector of Schools on 8th October, 2001. The District Inspector of Schools by the order dated 8th October, 2001 had cancelled the order dated 3rd October, 2001 earlier passed by him recognising Satya Pal Singh as the Manager and has also cancelled the order dated 18th August, 2001 attesting the signatures of Lallu Singh as the Manager. He referred the dispute to the Regional Level Committee in accordance with the Government Order dated 19th December, 2000 for granting approval to the Committee of Management of the Institution.
He referred the dispute to the Regional Level Committee in accordance with the Government Order dated 19th December, 2000 for granting approval to the Committee of Management of the Institution. This petition was disposed of 25th September, 2003 with the following observations :- "Heard Shri B.N. Molakhi, learned counsel for the petitioner and the learned Standing Counsel appearing for respondents. On 6.10.2001 the D.I.O.S. Mainpuri referred the matter to the Regional Committee to take decision in the matter but the matter is still pending before the Regional Committee. The writ petition is disposed of with the direction to the respondent no.2 to take final decision in the matter after petitioner in pursuance of the reference made by the D.I.O.S., Mainpuri on 8.10.2001 within a period of two months from the date of a certified copy of the order is produced before the respondent no.2 after hearing the concerned parties." 19. The Regional Joint Director of Education, Agra passed an order dated 27th March, 2004 approving the election of the Committee of Management of the Institution with Satya Pal Singh as the Manager. This order of the Regional Joint Director of Education has been assailed in Writ Petition No.15732 of 2004 (third writ petition). 20. Ravendra Singh had also filed a representation dated 23rd September, 2001 before the Regional Joint Director of Education,Agra that the Scheme of Administration of the Institution had wrongly been approved on 17th June, 2000 as it had earlier been approved by the Deputy Director of Education on 19th August, 1997. This representation was allowed by the Joint Director of Education by the order dated 18th November, 2003 and it was ordered that the Scheme of Administration approved on 17th June, 2000 shall be cancelled and the earlier Scheme of Administration approved on 19th August, 1997 shall operate. This order dated 18th November, 2003 was assailed by the Committee of Management with Satya Pal Singh as the Manager in Writ Petition No.54162 of 2003 which was allowed by the judgment and order date 8th December, 2003 and a direction was issued to the Joint Director of Education to pass a fresh order after giving opportunity to the petitioners and Ravendra Singh without being influenced by the order passed by the order of the Director of Education dated 16th October, 2003. 21.
21. The Joint Director of Education thereafter passed a fresh order on 10th February, 2004 upholding the Scheme of Administration of the Institution approved on 19th August, 1997 and the order dated 17th June, 2000 approving the Scheme of Administration at the instance of Satya Pal Singh was cancelled. This order dated 10th February, 2004 passed by the Joint Director of Education has been assailed in Writ Petition No.18858 of 2004 (fourth writ petition) filed by the Committee of Management with Satya Pal Singh as the Manager. 22. In the order dated 27th March, 2004 passed by Regional Joint Director of Education, the following facts have been noticed :- 1. The elections of the Committee of Management of the Institution when it was a Junior High School were held on 6th December, 1998 with Satya Pal Singh as the Manager. They were approved by the Basic Education Officer. 2. In respect of the list of office bearers and the elections of the Committee of Management of the Society held in 1998, the matter was decided by the Prescribed Authority on 30th July, 2000 holding that the list of office bearers submitted by Lallu Singh Chauhan should be registered. Subsequently, the District Inspector of Schools and the Basic Education Officer attested the signatures of Lallu Singh Chauhan as the Manager. 3. This order of the Prescribed Authority was assailed by Satya Pal Singh in Writ Petition No.31737 of 2001 in which an interim order was passed on 3rd September, 2001 as a result of which the District Inspector of Schools passed an order on 3rd October, 2001 that Satya Pal Singh shall continue as the Manager. 4. The Institution was recognised as a High School on 6th March, 2000 and thereafter fresh elections were held on 2nd July, 2000 in which Nagendra Singh was elected as the President and Satya Pal Singh was elected as the Manager. This election was approved by the District Inspector of Schools on 10th July, 2000 and the signatures of Satya Pal Singh were also attested as the Manager. This order dated 10th July, 2000 was, however, stayed by the Court on 17th November, 2000 in Writ Petition No.50329 of 2000 filed by Lallu Singh Chauhan. 5. The District Inspector of Schools, however, by the order dated 8th October, 2001 referred the matter to the Regional Level Committee.
This order dated 10th July, 2000 was, however, stayed by the Court on 17th November, 2000 in Writ Petition No.50329 of 2000 filed by Lallu Singh Chauhan. 5. The District Inspector of Schools, however, by the order dated 8th October, 2001 referred the matter to the Regional Level Committee. This order was assailed by Satya Pal Singh in Writ Petition No.4356 of 2002 in which an interim order was passed on 29th January, 2002 directing the Regional Level Committee to decide the matter and till the decision was taken, the parties were directed to maintain status quo. 6. Ravendra Singh was the Manager of the Committee of Management of the Junior High School from 1962 upto 1998. He was not elected as the Manager in 1998 and Lallu Singh belonging to his side claims to have been elected as the Manager, though Lallu Singh Chauhan is now dead. After 1998, Ravendra Singh claims that elections were held on 30th December, 2001 in which Jung Bahadur Singh was elected as the President and Ravendra Singh was elected as the Manager. He was not authorised to hold this election and the order passed by the Prescribed Authority in his favour has been stayed by the High Court. Thus, the election held by him cannot be approved. 7. Satya Pal Singh is in effective control of the affairs of the Institution since 1998. He is also in control of the Society and, therefore, the election held by him on 2nd July, 2000 should be approved. 23. Sri G.K. Singh, learned counsel for the petitioners in Writ Petition No.15732 of 2004 submitted that the order passed by the Joint Director of Education on 27th March, 2004 deserves to be set aside for the reason that the matter was required to be decided by the Regional Level Committee and not by the Joint Director of Education alone. He has further submitted that the order passed by the Joint Director of Education on 10th February, 2004 has not been taken into consideration and the submissions made by the petitioners in the representation before the Joint Director of Education have also not been taken into consideration. He has pointed out that subsequently fresh elections were held on 15th January, 2006 in which Ravendra Singh was elected as the Manager, though Satya Pal Singh claims to have held elections on 27th June, 2004.
He has pointed out that subsequently fresh elections were held on 15th January, 2006 in which Ravendra Singh was elected as the Manager, though Satya Pal Singh claims to have held elections on 27th June, 2004. He has also pointed out the papers have been submitted to the District Inspector of Schools but the decision is pending before the Regional Level Committee. 24. Sri G.K. Singh, learned counsel appearing for the respondents in Writ Petition No. 18858 of 2004 has also submitted that there is no infirmity in the order dated 10th February, 2004 passed by the Regional Joint Director of Education holding that the Scheme of Administration approved on 19th August, 1997 is valid and that the subsequent approval granted on 17th June, 2000 should be cancelled. 25. Sri K. Ajit, learned counsel appearing for the respondents in Writ Petition No. 15732 of 2004 submitted that there is no infirmity in the decision taken by the Regional Joint Director of Education on 27th March, 2004. It is also his submission that the Joint Director of Education correctly approved the Scheme of Administration of the Institution on 17th June, 2000 and that the Scheme of Administration was never challenged until 12th December, 2003. 26. I have carefully considered the submissions advanced by learned counsel for the parties. 27. The first issue that needs to be decided is about the order dated 10th February, 2004 passed by the Regional Joint Director of Education. By this order the Regional Joint Director of Education had cancelled the order dated 17th June, 2000 by which the Scheme of Administration of the Institution was approved and has upheld the earlier order dated 19th August, 1997 approving the Scheme of Administration of the Institution. 28. The Regional Joint Director of Education in his order dated 10th February, 2004 has noticed the following facts:- (1) By the order dated 18th November, 2003 the approval granted to the Scheme of Administration on 17th June, 2000 was set aside and the earlier Scheme of Administration approved on 19th August, 1997 was held to be valid. (2) This order was challenged by Satya Pal Singh in Writ Petition No. 54182 of 2003 which was allowed on 8th December, 2003 and the order dated 18th November, 2003 was set aside.
(2) This order was challenged by Satya Pal Singh in Writ Petition No. 54182 of 2003 which was allowed on 8th December, 2003 and the order dated 18th November, 2003 was set aside. A direction was issued to pass a fresh order after hearing the parties concerned without being influenced by the order dated 16th October, 2003 passed by the Director of Education. (3) The Institution was granted recognition upto the High School level on 6th March, 2000 but prior to that on 19th August, 1997 the Joint Director of Education, Agra had approved the Scheme of Administration. Thereafter on 17th June, 2000 another Scheme of Administration was got approved though under Section 16-A of the U.P. Intermediate Education Act, 1921 only one Scheme of Administration can be approved for a particular Institution. The papers submitted with the Scheme of Administration approved on 17th June, 2000 also show that the resolution was for the new Scheme of Administration which could not have been passed so long as the earlier Scheme of Administration existed and only amendments could have been made in the Scheme of Administration. (4) It is, therefore, clear that the Scheme of Administration was illegally approved on 17th June, 2000 and the Scheme of Administration earlier approved on 19th August, 1997 is the valid Scheme of Administration. 29. The submission of Sri K. Ajit, learned counsel for the petitioner in Writ Petition No. 18858 of 2004 is that since the Institution was recognized upto the High School level on 6th March, 2000 there was no occasion for the Scheme of Administration to be approved prior to that date and, therefore, the Scheme of Administration was rightly approved on 17th June, 2000. It is also his submission that basically the two Scheme of Administrations are the same except that in the earlier Scheme of Administration the term of the Committee of Management is four years while under the new scheme is five years. 30. Sri G.K. Singh, learned counsel appearing for the respondents in this petition submitted that for up-gradation of the Junior High School level Institution to the High School level, condition precedent was that the School should have sufficient building and an approved Scheme of Administration and it is for this purpose that the Scheme of Administration was submitted on 31st August, 1996 to the Regional Director of Education which was duly approved on 19th August, 1997.
He, therefore, submitted that any delay on the part of the Educational Authorities in granting recognition to the Institution upto the High School level will not come to the aid of the petitioners and that there was no occasion at all for the Educational Authorities to approve another Scheme of Administration in 2000 when the Scheme of Administration had earlier been approved in 1997. He also submitted that by concealing material facts regarding the approval granted to the Scheme of Administration in 1997, Sri Satya Pal Singh, claiming himself to be the Manager of the Committee of Management submitted a fresh Scheme of Administration for approval in which the term of the Committee of Management was changed from four years to five years. 31. It is not denied that the Joint Director of Education had approved the Scheme of Administration by the order dated 19th August, 1997. It is also not denied that the Institution was granted recognition upto the High School level on 6th March, 2000. There was, therefore, no occasion for granting any approval to the Scheme of Administration on 17th June, 2000 and this approval has also no reference to the earlier order dated 19th August, 1997 granting approval to the Scheme of Administration. It is also not the case that the grant of the approval on 17th August, 1997 to the Scheme of Administration was mentioned in the papers submitted for getting approval to the Scheme of Administration of the Institution in June, 2000. There is, therefore, no necessity of comparing the two clauses of Scheme of Administration. The finding recorded by the Joint Director of Education that a new Scheme of Administration was approved on 17th June, 2000 cannot be said to be perverse as nothing has been pointed out to show that any resolution was passed to approve amendments made in the Scheme of Administration which was approved on 19th August, 1997. The order passed by the Joint Director of Education on 10th February, 2004, therefore, does not suffer from any infirmity which may call for interference under Article 226 of the Constitution. 32.
The order passed by the Joint Director of Education on 10th February, 2004, therefore, does not suffer from any infirmity which may call for interference under Article 226 of the Constitution. 32. The next issue that needs to be examined is about the validity of the order dated 27th March, 2004 passed by the Regional Joint Director of Education approving the elections of the Committee of Management of the Institution held on 2nd July, 2000 with Satya Pal Singh as the Manager and Dr. Nagendra Singh, as the President. This order has been assailed in Writ Petition No. 15732 of 2004. Though various submissions have been made by the learned counsel for the parties on the factual aspects considered by the Regional Joint Director of Education but the petition deserves to be allowed for the simple reason that the decision was taken by the Regional Joint Director of Education alone whereas the decision was required to be taken by the Regional Level Committee consisting of Joint Director of Education, Deputy Director of Education and the District Inspector of Schools. The matter, therefore, needs to be decided by the Regional Level Committee. 33. Writ Petition No.4356 of 2002 and Writ Petition No. 21857 of 2002 relates to various orders in respect of the elections held in 2000. It is the dispute with respect to this election which was referred to the Regional Level Committee. As noticed hereinabove, the Regional Level Committee is required to take a decision with regard to the elections. There is, therefore, no need to examine the position on merits but suffice it to state that the interim order passed in two writ petitions shall continue to operate till the decision is taken by the Regional Level Committee. 34. Thus, for all the reasons stated above, Writ Petition No. 4356 of 2002 and Writ Petition No. 21857 of 2002 are disposed of with the aforesaid observations. Writ Petition No. 18858 of 2004 is dismissed. Writ Petition No. 15732 of 2004 is allowed and the order passed by the Regional Joint Director of Education on 21st March, 2004 is set aside. The matter is remitted to Regional Level Committee to take a decision in accordance with law, expeditiously, preferably within a period of three months after giving opportunity to the parties concerned.