Ambedkar Adarsh Shiksha Samiti through its President v. Union of India
2011-06-23
RAJENDRA MENON
body2011
DigiLaw.ai
ORDER Rajendra Menon, J. 1. Challenging the order-dated 1.3.2007 - Annexure P/1, passed by the Government of India, Ministry of Human Resources, (Department of School Education and Literacy), by which the Jan Shikshan Sansthan has been delinked from the aegis of the Petitioner society, this writ petition has been filed. 2. Before taking note of the dispute involved in the writ petition, it would be appropriate to take note of the Jan Shikshan Abhiyan, which is a programme initiated by the Government of India through the Ministry of Human Resources Development, initially for the purpose of imparting literacy, and under the National Literacy Mission which was established in the year 1988 a Scheme known as Shramik Vidyapeeth was initiated. The purpose of this Scheme/Programme was to impart literacy to the employees, labourers and persons who are illiterates. Subsequently, the nomenclature of this Scheme is changed to Jan Shikshan Adhiniyam and the Institutions managing the programme are known as the Jan Shikshan Sansthans (hereinafter referred to as 'JSS'). The JSS are run by non-governmental organization and are important establishments, which are imparting training in different vocational skills to neo-literates for the purpose of carrying out the programmes under the Scheme. The JSS are established and the Scheme is implemented as per the guidelines and programme formulated by the Central Government and funds for the same is also provided by the Central Government. The Scheme aims to provide multi-faceted adult education by improving the vocational skills and quality of life of the persons, who are the beneficiaries of the scheme. The beneficiaries are mostly neo-literates or semi-literates. The Scheme mainly concentrates on the socio-economic backward regions and is earmarked for giving advantage to educationally backward groups in urban and rural areas. 3. Under the Scheme formulated by the Central Government, JSS are set up under the aegis of non-governmental organization, who fulfil the eligibility conditions as are laid down in the Scheme and have requisite experience in the related field.
3. Under the Scheme formulated by the Central Government, JSS are set up under the aegis of non-governmental organization, who fulfil the eligibility conditions as are laid down in the Scheme and have requisite experience in the related field. These instructions are granted aid by the Central Government - a one time non-recurring grant of 10 Lacs is provided to JSS and thereafter an annual recurring grant of 25 Lacs is provided every year to JSS, who come under Category C. The JSS are mandated to carry out their activities strictly in accordance with the guidelines and policies laid down by the Central Government and the same are contained in Annexure R/1, filed by Respondent No. 1 alongwith the return. 4. As per the policies and guidelines formulated in this regard, the affairs of the JSS are managed by a Board of Management, which is duly approved by the Central Government. The Board of Management includes representatives of the State Government, Local self-governing institutions and various other functionaries including a nominee of the Government of India. The Chairman of the Board of Directors is normally the President or Chairman of the non-governmental organization, which is given the responsibility of carrying out the activities of JSS. 5. The Ambedkar Adarsh Shiksha Samiti (hereinafter referred to as the 'Petitioner society') is a duly registered society registered under the M.P. Society Registration Act, 1973 and in accordance to the directions of the State Government it was granted the sanction vide letter-dated 28.6.1993 - Annexure P/2, to carry out the activities of the Shramik Vidyapeeth, which was subsequently changed to JSS. The JSS is set up by a voluntary organization like the Petitioner organization and the Chairman/President of the voluntary organization is also the Chairman/President of the JSS. After the activity of JSS was entrusted to the Petitioner establishment in the year 1993, it seems that the Petitioner's establishment started their activities, but during the course of the activities from the year 2000 various disputes started surfacing between the office bearers of the Petitioner society, as a result writ petitions were filed and appeals were also filed before the competent authority under the M.P. Societies Registrikaran Adhiniyam in the matter of election to the society in question.
The resulting dispute in the matter of election to the society in question travelled to this Court, in W.P. No. 2040/2002, whereby certain orders passed by the Registrar of Firms and Societies were challenged. 6. When the dispute in the Society started surfacing, the Union of India after consultation with the Collector of District Satna appointed an administrator to carry out the activities of the Society as a result of the activities of JSS was being managed through the administrator appointed in this behalf. Finally, on 20.3.2003, W.P. No. 2040/2002 was decided by a Bench of this Court and the Secretary in the Department of Commerce and Industry, Government of MP was directed to decide the appeal pending before him in the matter of election to the society. It was ordered in the writ petition that till the matter is finalized by the Secretary, Collector Satna shall remain Incharge and carry out the activities of the society. It was further pointed out that till final decision is taken by the Union of India no other NGO shall be nominated in place of the Petitioner society. Union of India was also directed to hear the Petitioner society and decide their claim with regard to entrusting the functioning of JSS. Be it as it may be, the election disputes continued and finally it was settled and resolved and Shri Rameshwar Shukla was elected as President of the Society. In the meanwhile, due to internal disputes in the society as it was alleged that the work of the JSS is being adversely affected, the Government of India issued show-cause notice and proposed to take away the work of JSS from the Petitioner society, they again approached this Court in Writ Petition No. 3208/2006 and on 1.9.2006 an order was passed vide Annexure P/20, directing the Union of India to hear the society and take a decision in the matter of entrusting them the work of JSS. Accordingly, it seems that a show-cause notice - Annexure P/11 was issued and even prior to that an enquiry was conducted into the working of the society by a three member Enquiry Committee and alongwith the show-cause notice - Annexure P/11 dated 20.7.1995, a copy of the enquiry report was also supplied to the Petitioners and they were asked to show-cause as to why the work of JSS sanctioned to the society be not cancelled.
Annexure P/11 is the show-cause notice. Alongwith the enquiry report, Petitioner submitted their reply to the show-cause notice vide Annexure P/12 and after taking note of the totality of the circumstances, the impugned action is taken. 7. Shri P.R. Bhave, learned Senior Advocate, argued that certain groups having affiliation to a particular political party and having close association with the Union of India were entrusted with the working of the society initially and when in the subsequent election these persons were defeated and when Shri Rameshwar Shukla, the present Chairman, was elected, the political rivals started creating problems, parallel elections were held and the dispute came to this Court, which was finally resolved by election of Shri Rameshwar Shukla as Chairman in the year 2005. It was argued by him that when in the earlier round of litigation the Union of India was directed not to nominate any NGO till the dispute in the Ambedkar Adarsh Shiksha Samiti was not resolved and once the dispute in the society was resolved after a proper election, it is stated that cancellation of the working of the JSS with the Petitioner society is illegal. Interalia contending that the infighting in the society was the only reason for proceeding in the matter and now when the infighting is over the original position should be restored, Petitioner seeks for interference into the matter. Alleging malafides on certain persons, who are not happy with the election of Shri Rameshwar Shukla as Chairman of the Petitioner society, and contending that it is because of the political interference of these persons that the impugned action is taken, Shri Bhave learned Senior Advocate sought for interference into the matter. Learned Senior Advocate argued that the enquiry conducted against the Petitioner society is not proper, the conclusions arrived at is not based on due appreciation of the material and evidence available on record and it was emphasized by him that even when Member of Parliament from Satna asked a question in the Lok Sabha, with regard to functioning of the society and the activities of the JSS carried out by the society, the Minister for Human Resources has indicated that there is no dispute in the society. It is argued that inspite thereof the impugned action taken is nothing but an act of malafide, to somehow remove the Petitioner society from the working of the JSS.
It is argued that inspite thereof the impugned action taken is nothing but an act of malafide, to somehow remove the Petitioner society from the working of the JSS. Taking me through various documents filed in this regard in support of his contention, learned Senior Advocate tried to emphasize that the Petitioner society has been dealt with in an illegal manner and the impugned action is liable to be quashed. 8. Shri Vikram Singh, learned Counsel for the Respondent No. 1 Union of India, invited my attention to the findings recorded by a three member Enquiry Committee, which has gone into the functioning of the JSS, run by the Petitioner society, and by referring to the conclusion and irregularities noticed by the Enquiry Committee, Shri Vikram Singh argued that the action of the Respondents is proper and the same does not warrant any interference. It is argued by him that the Petitioner society has no legal statutory right to claim functioning of the JSS under their aegis, the Government of India is entitled to ensure that the aid granted and the funds are utilized in a proper manner and if it is found that the funds are not being properly utilized. It is argued by Shri Vikram Singh that the action taken cannot be interfered with. Accordingly, he submits that the impugned action is just, fair and reasonable and the same does not warrant any interference. 9. I have heard learned Counsel for the parties and perused the records. 10. As far as the objects and aim for which the JSS is established, it is clear that it is established for the purpose of imparting literacy to certain categories of persons and for the purpose of carrying out the activities under the Scheme adequate aid to the extent of 25 Lacs per year is provided by the Union of India. Records do indicate that between 2003-2005, various disputes surfaced in the working of the Petitioner society as a result finding the JSS activity to be adversely affected, the Union of India after consultation with the State Government and the Collector of the District concerned, appointed an administrator to function as Chairman of the Society and to take charge of the activities of the JSS.
Even though the present Chairman, who had filed the present petition - Shri Rameshwar Shukla, has tried to emphasize that with his election the disputes were adjudicated at various levels, there is no irregularity committed and the functioning of the society has attained normalcy, the fact remains that Shri Rameshwar Shukla even though elected as Chairman in the year 2005, was earlier also member of the society and the activities of the society did derail for a particular period when the disputes were pending before various authorities. Be it as it may be, the interse dispute between the members of the Petitioner society is not the subject matter of consideration for the present, in this writ petition. Presently, this Court is only concerned with the fact as to whether the Union of India was right in taking away the work of JSS from the Petitioner society and whether the said action of the Union of India is to be interfered with. 11. A perusal of the show-cause notice - Annexure P/11 dated 20.7.2005 thereof, indicates that a three member committee consisting of Shri S. Shriniwas, Under Secretary; Shri R.K. Chhabra, Director, JSS, Delhi; and, an Administrative Officer from Chennai, conducted a detailed enquiry into the working of the JSS under the aegis of Ambedkar Adarsh Shiksha Samiti in District Satna, and the Committee in its detailed enquiry found much administrative mis-management and irregularities in the matter of payment of emoluments to the staff, un-authorized implementation of 5th Pay Commission's recommendation, inability of the JSS, Satna to establish link with the literacy programme, mis-management in the accounts and no-utilization of fund and mis-utilization of funds. A detailed enquiry was conducted and the final conclusion of the three member Enquiry Committee reads as under: It is the considered view of the team that the Ambedkar Adarsh Shiksha Samiti, Satna by its conduct has totally defamed the scheme of Jan Shikshan Sansthan lowering its credibility in the eyes of the people by not behaving in a dignified manner in the matter of succession. By showing more importance to coveting the post of Chairmanship they have politicized the issue and brought the functioning of the institution to a standstill gravely compromising the noble objectives of the scheme with little regard for the prestige of the institution.
By showing more importance to coveting the post of Chairmanship they have politicized the issue and brought the functioning of the institution to a standstill gravely compromising the noble objectives of the scheme with little regard for the prestige of the institution. The JSS despite functioning for several years has not been able to consolidate its position and bring about qualitative improvement in programmes and expand its outreach. Further, in administrative matters also the norms and procedures have not been followed scrupulously. This has several instances of administrative and financial mis-management. Due sanctity and discretion was not accorded in the management and spending of possible funds. In the final analysis the parent body has miserably failed to live up to the expectations of NLM." The recommendation of the Enquiry Committee is as under: The team recommends that Government and public interest will not be served if the JSS is associated with the Ambedkar Adarsh Shiksha Samiti, Satna and may forthwith be de-linked. (Emphasis supplied) This Enquiry Report is submitted by a three member Enquiry Committee after hearing the society and the records also indicate that Shri Rameshwar Shukla, the Chairman, was given personal hearing on 29.11.2006 and it is after hearing him and on going through the records that the aforesaid conclusion was arrived at by the Enquiry Committee. The Enquiry Committee also found that the society has invested a sum of ` 21,37,491/-upto 31.3.2002 by augmented funds from various sources. Large scale irregularities in the management of funds was noticed by the Enquiry Committee and it was found that large amount of fund from the grant released by the Government of India for carrying out the programme of literacy was utilized by the society for purchasing fixed assets like land and building, which was in contravention to the guidelines issued under the JSS. It was found from the documents that various lease-hold land and building to the tune of more than 8,48,000/-was purchased after deviating funds from various sources, which was not permissible under the guidelines. The Committee found serious financial irregularities in functioning of the JSS and found that the Petitioner society was not functioning in accordance to the guidelines issued and, therefore, the decision was taken to delink the activities of JSS from the Petitioner society. 12.
The Committee found serious financial irregularities in functioning of the JSS and found that the Petitioner society was not functioning in accordance to the guidelines issued and, therefore, the decision was taken to delink the activities of JSS from the Petitioner society. 12. Even though Shri Bhave, learned Senior Advocate, tried to emphasize that the action initiated against the Petitioner is because of malafides of certain persons, neither the persons are impleaded as parties and except for saying that political considerations have played a dominant role in the impugned action being taken, no cogent evidence or material in this regard is forthcoming. That apart, it was only submitted that the report submitted by the Enquiry Committee is not correct. However, no substantial material is adduced before this Court to record a finding that the enquiry conducted in the matter of mis-management and financial irregularity is not correct. 13. Petitioner is a society which is granted certain affiliation for the purpose of carrying out a programme which is aided by the Government of India and the Government of India has found that the aid granted for carrying out the programmes of the Government is not being utilized for the purpose for which it was granted. Before taking the impugned action a show-cause notice is issued to the Petitioner society and after hearing its President, the impugned action is taken. The impugned action is taken not on the basis of presumption or assumptions, but it is arrived at on the basis of a detailed enquiry conducted by a three member Enquiry Committee, consisting of Senior Officers of the Government of India, which has submitted a detailed report running into more than 36 pages, wherein various irregularities have been indicated and the final conclusion as indicated hereinabove arrived at. 14. This Court exercising limited jurisdiction in a writ petition under Article 226 of the Constitution will not sit over the said decision of the Union of India as if it is exercising appellate jurisdiction. The decision taken is based on certain enquiry conducted by them and prima facie when the material available on record indicates that the finding recorded in the enquiry is reasonable and fair, interference into such matters by this Court exercising jurisdiction in a petition under Article 226 is not warranted. 15.
The decision taken is based on certain enquiry conducted by them and prima facie when the material available on record indicates that the finding recorded in the enquiry is reasonable and fair, interference into such matters by this Court exercising jurisdiction in a petition under Article 226 is not warranted. 15. Petitioner society was given the work of carrying out certain activities and programme of Government of India, for the purpose of enhancing the literacy rate of certain categories of persons and the said programme was being undertaken on the basis of funds granted by the Government of India. If on enquiry it is found that the funds are not properly utilized and the activities of the agency, which is to implement the programme, is not being carried out in a manner in which it should be carried out, the decision of the Government of India in withdrawing the work entrusted to the agency namely the Petitioner society in this case, cannot be interfered with by this Court in a writ petition under Article of the Constitution until and unless statutory rules or provisions are found to be violated or basic principles of law ignored or disregarded. Nothing of this sort is available on record in the present case. On the contrary available on record are matters which show that there has been dispute in the functioning of the Petitioner society, the funds granted by the Government of India was not being properly utilized, the mismanagement and mis-utilization of fund is established in a properly conducted enquiry by a three member Enquiry Committee and when based on all these material a decision is taken to withdraw the work given to the Petitioner, this Court cannot interfere into the matter merely because the Petitioner feels that the withdrawal is undertaken on political consideration. 16.
16. Even though Shri Bhave, learned Senior Advocate, contends that the infighting in the society is over and, therefore, the work should be entrusted to the society, but the fact remains that in the enquiry conducted by the Government of India, apart from the infighting in the society various irregularities have been found out and if these irregularities are taken note of and the decision taken to withdraw the work given to the Petitioner society, then this Court cannot sit over the decision of the Government of India as if it is an appellate authority entitled to interfere in the matter. The Union of India is the best judge to take note of the manner in which the grant of aid given by it is utilized and if in a proper enquiry conducted it is found that the grant given to the society is not utilized in the manner it should be, as per the guidelines and policies of the Government of India, then the Government of India is within its right in withdrawing the work from the society which does not function as per the guidelines and policies of the Government of India. A writ court is not required to interfere into such matter until and unless serious breach of statutory rules or regulation or law is pointed out. Nothing of this sort being available on record, it is not a fit case where interference should be made by this Court. 17. On the basis of vague allegations of malafide made on political consideration without the persons involved in the malafide being arrayed as Respondents and without making specific averments against them supported by documents to substantiate the contentions, this Court cannot hold the malafides to be established. 18. Accordingly, taking note of the totality of the facts and circumstances and finding the decision taken by the Government of India to be based on due appreciation of the material available on record, this Court does not find any ground to interfere in the matter. 19. Accordingly, finding no merit in the submissions made and the contentions advanced by the Petitioner, this petition is dismissed.