Court No. - 32
Case :- WRIT - C No. - 21496 of 2019 Petitioner :- C/M Inter College Senapur And Another Respondent :- State Of U P And Another Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Rajnish Kumar Srivastava, learned counsel for the petitioners and learned Standing Counsel for the respondents- State.
This writ petition has been filed assailing the order dated 17.06.2019, whereby the District Inspector of Schools (in short 'D.I.O.S.') has held the election to be void and directed for the single operation of the Accounts of the Institution in question.
It is contended by learned counsel for the petitioners that Senapur Inter College, Jaunpur (hereinafter referred to as "Institution") is a recognized Institution under the provision of U.P. Intermediate Education Act, 1921, which is run by elected Committee of Management for which the election was held in the year 2015.
As the term of the Committee of Management was set to expire on 13.12.2018, the Committee of Management sent a requisition for permission for holding the election of Committee of Management.
On 03.08.2018, the D.I.O.S. replied stating that publication was to be made in daily newspapers and after the publication, the Committee of Management was required to send the copy of publication in newspapers along with the list of members of the General Body.
On 05.09.2018, publication was made in daily newspapers "Aaj" and "Tejas Today", a local newspaper published in Jaunpur, publishing election program which was to be held on 05.10.2018. The Manager of the Institution intimated the same along with publication to the D.I.O.S. on 10.09.2018.
The D.I.O.S., on 26.09.2018, required the Manager of the Institution to place before him the original copies of the newspapers as well as the list of members of the General Body as approved by the Assistant Registrar. The direction of D.I.O.S. was complied by the Manager of the Institution on 29.09.2018 and the original copies of the newspapers along with list of members placed before him, but no observor was appointed by the D.I.O.S., as such the Committee proceeded to hold the election on 05.10.2018.
By the order impugned dated 17.06.2019, the D.I.O.S. has held that term of the Committee of Management had expired on 13.12.2018 and the election which was held was without the observor being appointed as such it cannot be held to be valid election and the Accounts of the Institution was placed under single operation of the Finance and Accounts (Secondary Education), Jaunpur.
Sri Srivastava, learned counsel for the petitioners submitted that the order passed by the D.I.O.S. is an ex-parte order and no opportunity was provided before passing the order impugned. He next contended that the petitioners had complied the direction of the respondent no.2 and had placed the publication made in the newspaper as well as the list of the members of the General Body and the respondent no.2 was to appoint an observor. It is further contended that the entire exercise was initiated by the petitioners well before the term of the Committee of Management was said to expire and there was no procedural lapse or delay on the part of the petitioners. He has relied upon the decision of Co-ordinate Bench of this Court in Writ-C No.32058 of 2016 (C/M Shanti Niketan Inter College and Another Vs. State of U.P. and 3 others), decided on 04.10.2017.
Opposing the writ petition, learned Standing Counsel submitted that it was not a valid election as no observor was appointed by D.I.O.S. and it is only when the elections are held in the supervision of the observor so appointed by the D.I.O.S. that such election can be given legal sanctity. He next contended that an information was sought by the D.I.O.S. from the Assistant Registrar on 29.09.2018 in regard to the list of members of General Body as the documents submitted by the petitioners were unregistered documents and was also not verified by the Authority which has issued the same.
Having heard learned counsel for the parties and from perusal of record, I find that there is no denial to the fact that requisition for holding election prior to the term coming to an end was set in motion by the petitioners wayback in the month of July, 2018. It was on 03.08.2018 that permission was granted by D.I.O.S. for holding the election of the Committee of Management with certain directions that the publication made in the newspapers of the election program as well as the list of members of General Body was to be submitted before him within three days from such publication.
As it is also not in dispute that after the publication the petitioners had submitted the copies of newspapers. On 26.09.2018, the D.I.O.S. had required the petitioners to submit the original copies of the newspapers and the list of the members of General Body, but no observor was appointed on the said date nor subsequent to the deposit of the original copies of the newspapers and the list of the members of General Body, any observor was appointed in the election which was going to be held on 05.10.2018.
The State in the counter affidavit has not denied the fact that no such requisition was ever made by the petitioners nor the directions as contained in the letter of the D.I.O.S. dated 03.08.2018 were carried out by the petitioners.
It is an accepted fact that once the requisition for holding the election was there well before the term of Committee of Management was going to expire and the necessary directions made in the letter dated 03.08.2018 was complied with, no occasion arose as to why the observor was not appointed by the D.I.O.S. Subsequent to the letter dated 26.09.2018, the D.I.O.S. has neither demanded any documents from the Institution nor had intimated that they have not carried out or complied with the directions given in its earlier communication dated 03.08.2018. Once, the Authority was satisfied with the conduct of the petitioners, no occasion arose for passing the order impugned holding that the term of the Committee had already expired on 13.12.2018 and putting the Accounts of the Institution under single operation.
Considering the facts and circumstances of the case, I find that the order dated 17.06.2019 has no legs to stand nor any material has been put forward by the State in its counter affidavit or in its argument to justify the action of the D.I.O.S.
In view of the above, the order impugned dated 17.06.2019 is hereby quashed and the writ petition stands allowed.
It is needless to say that once the order dated 17.06.2019 is quashed, the D.I.O.S. shall proceed to grant recognition to the Committee of Management.
Order Date :- 27.9.2021 SK Goswami