Court No. - 33
Case :- WRIT - C No. - 9742 of 2018 Petitioner :- C/M Janta Kanya Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Parmatma Nand Ojha Counsel for Respondent :- C.S.C.,Awadh Narain Rai
Hon'ble Manoj Misra,J.
Heard Sri Ashok Khare, learned senior counsel assisted by Sri Parmatma Nand Ojha for the petitioners; learned Standing Counsel for respondents 1 to 4 and Sri Awadh Narain Rai for respondent no.5.
In view of the nature of the order proposed to be passed, the counsel for the respondents do not pray for time to file counter affidavit and, therefore, this petition is being disposed off finally at this stage itself.
The present petition has been filed for a direction upon the District Inspector of Schools, Muzaffar Nagar to permit the petitioners to hold fresh election of committee of management of an institution named Janta Kanya Inter College, Shivpuri, Khatauli, Muzaffar Nagar.
The case of the petitioners is that the last election of committee of management of the institution was held on 23rd February, 2015, which was accorded recognition on 9th March, 2015. The term of committee of management, according to the Scheme of Administration, is three years and one month. According to the petitioners the term would come to an end after expiry of three years and one month from the date of attestation of signature, pursuant to recognition of the previous election, which would be on or about 8th/ 9th April, 2018.
It is the case of the petitioners that the petitioner Committee had the right to hold the election and for that end, an application was filed before the District Inspector of Schools, Muzaffar Nagar to provide an Election Supervisor/Observer. It has been submitted that an unnecessary dispute has been raised by the fifth respondent before the District Inspector of Schools, Muzaffar Nagar as regards membership of general body of the institution upon which the District Inspector of Schools, Muzaffar Nagar, without considering whether the dispute was bona fide or not, has straightaway referred the matter to the Joint Director of Education (Secondary), Shaharanpur as a result of which the Election Observer has not yet been appointed as a consequence whereof the term of the Committee would come to an end thereby depriving the Committee of its right to hold election. It is thus the prayer of the petitioners that a direction be issued to the District Inspector of Schools, Muzaffar Nagar to permit the petitioners to hold election.
Sri Awadh Narain Rai, who has appeared on behalf of fifth respondent, submitted that the list of members which has been provided by the petitioners for the purpose of holding election does not include the name of fifth respondent therefore the fifth respondent has raised objection. It has been submitted that unless and until the dispute of membership of the general body is adjudicated, no useful purpose would be served in holding the election because the election would automatically come in dispute.
In response to the above submission, learned counsel for the petitioners has invited attention of the Court to certain documents appended along with supplementary affidavit to demonstrate that in respect of the institution there are as many as two decrees of civil court operating. By decree passed in Original Suit No.518 of 2008, the civil court granted injunction thereby providing right to Srichandra Shashtri and Dr. Radheshyam Sharma to participate in the affairs of the institution, who, according to the petitioners, are in the list of members supplied by the petitioners. By decree passed in Original Suit No.1061 of 2008, a list of members certified/approved by the District Inspector of Schools, Muzaffar Nagar, vide order dated 16th September, 2008, has been declared invalid.
Learned counsel for the petitioners further invited attention of the Court to the list of members which has allegedly been declared invalid so as to contend that name of Dr. Suresh Chandra Sharma (fifth respondent) figures in that list. Hence, it is alleged that the fifth respondent would have no right to raise any objection so long the decree passed by the civil court continues to operate.
Sri A.N. Rai, learned counsel for fifth respondent, submitted that the decree does not relate to the fifth respondent. However, he states that all the above pleas are factual and may have to be tested.
Be that as it may, no counsel could show existence of any provision that in the event of a membership dispute the matter has to be referred to the Joint Director. Accordingly, this Court is of the view that there was no legal justification for the District Inspector of Schools, Muzaffar Nagar to refer the matter to the Joint Director of Education when the dispute as regards membership could have been considered by the District Inspector of Schools, Muzaffar Nagar himself after giving opportunity of hearing to the parties concerned. Even otherwise necessity of a reference to the Joint Director of Education may arise after the elections are held. Under the circumstances, without expressing any opinion on the merits of the claim of either side, this Court considers it appropriate to dispose of this petition by issuing direction upon the third respondent (District Inspector of Schools, Muzaffar Nagar) to take appropriate decision in the matter, after giving opportunity of hearing to the parties concerned, within a period of one week from the date of filing of certified copy of this order before him.
To ensure that there is no further delay in taking decision, it is hereby provided that petitioners as well as fifth respondent shall appear in the office of the District Inspector of Schools, Muzaffar Nagar by or before 31st March, 2018 with their respective documents/ statement/objection. It goes without saying that if the District Inspector of Schools, Muzaffar Nagar is able to satisfy himself as regards the correctness of the list of members submitted by the petitioners after considering the objection of the parties concerned including the fifth respondent, he shall appoint an Election Observer/Supervisor for the purpose of holding the election.
It is made clear that any observation made in this order in respect of existence of any fact as asserted by any party should not be taken as an opinion expressed by the court and therefore the District Inspector of Schools would be free to come to his own conclusion in accordance with law.
With the aforesaid observation/direction, the petition stands disposed off.
Copy of this order shall be supplied to learned counsel for the petitioners on payment of usual charges within 24 hours.
Order Date :- 28.3.2018. Rks.