Hon'ble Attau Rahman Masoodi,J.
Heard Sri R.K. Ojha , learned Senior Counsel assisted by Sri A.K. Singh, learned counsel appearing for the appellants and Sri P.N. Saxena, learned Senior Counsel assisted by Sri Ashok Singh, learned counsel appearing for respondent no.4 and perused the record.
The constitution of Committee of Management with respect to Begum Khair Girls Inter College, Gandhi Nagar, Basti being a subject matter of dispute in a bunch of cases connected to special appeal no. 248 of 1997 was decided by a Division Bench judgment dated 5.9.2007. We find that the Division Bench in the aforesaid special appeal has held that it would be within the competence of the District Magistrate to constitute Committee of Management in terms of the provisions of scheme of administration, as the same scheme of administration is recognized by the Educational authorities for the purposes of running the institution.The society which was initially registered has lost its legal status as a consequence of its renewal not being renewed from time to time.
It is the duty of the District Magistrate to ensure renewal of registration of the Society in terms of the order by which Committee of Management is constituted, inasmuch as,the membership of the Committee of Management is co-extensive with membership of General Body of the Society as per the scope of bye-laws and Scheme of Administration. The District Magistrate has constituted the Management Committee by nominating Seven persons vide order dated 31st May, 2013 in the spirit of Scheme of Administration and there are ex-officio members as well. The Committee, so constituted, stepped into the management of the Institution for 5 years under the order of District Magistrate dated 31.5. 2013 and needs to be registered so as to have legal status which is a part of the responsibility of the District Magistrate once he is authorised to constitute the committee.
The Constitution of Committee of Management under the above order of the District Magistrate came to be challenged before this Court in Writ Petition No. 39994 of 2013, inter-alia, on the ground that the members of said Committee of Management were nominated on the basis of a recommendation made by some political person belonging to Samajwadi party. This objection is seriously raised by learned counsel for respondent no. 4 before this Court in these proceedings as well.
From the body of the Writ Petition, we find that so far as the constitution of Committee of Management is concerned , there is no challenge to the said body on any other ground i.e. that the members nominated by the District Magistrate do not belong to the Sunni Sect of minority community or they are otherwise incapable of managing the Institution or they have a criminal history. On the other-hand, we also do not approve of any political interference in the authority of District Magistrate, who is to constitute the Management Committee with an independent mind so as to involve a group of like minded people to cater the cause of education. Any political pressure is against the spirit of scheme of administration as well as the interest of Institution.
The present Special Appeal is directed against an interim order, therefore, we can not decide all the issues involved in the writ petition. Parties are directed to exchange pleadings in the Writ Petition so that the matter is decided finally.
During the pendency of the Writ Petition, we direct that the Status -quo, as it existed prior to passing of the impugned order dated 14.3.2014, shall be maintained and the District Magistrate shall constantly watch performance of duties by the Committee of Management on the basis of appraisal reports to be submitted before him at the interval of every three months. The District Magistrate shall strictly require the Committee of Management to observe discipline and work for the cause of education. The impugned order passed by the learned Single Judge stands modified to the above extent.
With these directions /observations, the Special appeal stands disposed of .
Order Date :- 30.4.2014 aks ( Attau Rahman Masoodi J. ) ( Sheo Kumar Singh J.)