Court No. - 3
Case :- WRIT - C No. - 2147 of 2019 Petitioner :- C/M Mangatrai Kanya Uchchattar Madhyamik Vidyalaya And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Bheem Singh, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
The Committee of Management had resolved to hold the elections before the expiry of the term of the Committee of Management. An election officer was appointed by the District Inspector of Schools by order dated 22.06.2018. The elections were held by the petitioners on 02.08.2018.The elections were approved by the District Inspector of Schools on 05.08.2018.
The petitioners have assailed the order dated 26.12.2018 passed by the District Inspector of Schools, Ghaziabad declined to accept the validity of the elections set up by the petitioners in the instant writ petition.
The relevant clause of the scheme of administration relating holding of election in proximity to the expiry of the term of a Committee of Management are extracted hereunder:
"पददाधधिकदाररिययों एववं सममिमति कके सदस्ययों कदा कदायरकदाल तितीन वरर कदा हहोगदा। कदायर अवधधि समिदाप्त हहोनके जदानके परि अगलके एक मिदाह तिक हती अपररिहदायर कदारिणयों सके पददाधधिकदारिती बनके रिह सकके गग। यमद तितीन वरर पश्चदातित् एक मिदास कके अन्दरि नव चयमनति प्रबन्धि सममिमति कदायरभदारि ग्रहण नहहीं करितिती हहै तिहो तितीन वरर एक मिदास पश्चदातित् कदालदातितीति प्रबन्धि सममिमति कदा कदायरकदाल स्वतितः समिदाप्त समिझदा जदायकेगदा औरि मिण्डलतीय अधधिकदारिती ददारिदा प्रबन्धि सवंचदालक मनयक्त मकयदा जदायगदाके धजसके प्रबन्धिदाधधिकरिण कके पपूणर अधधिकदारि हहोगग यह प्रबन्धि सवंचदालक नवचयमनति सममिमति कहो चयनदाव न हहोनके ककी सस्स्थिमति मिग चयनदाव करिदाकरि शतीघदातितीशतीघ कदायररिति करिदायकेगदा।"
The order dated 26.12.2018 passed by the District Inspector of Schools, Ghaziabad records that as per Clause 7 of the scheme of administration, the term of the Committee of Management stood expired. The elections set up by the outgoing Committee of Management were invalid. A recommendation to appoint an authorized controller was made to the Regional Level Committee to conduct the elections.
The submission of Sri Bheem Singh, learned counsel for the petitioners is twofold. First, the order is vague and lacks material particulars of the fact when the term of the Committee of Management expired. The term of the Committee of Management had not expired and the elections were held in accordance with the byelaws of the society. Second, the order has been passed in violation of principles of natural justice, inasmuch as, the petitioners were never provided an opportunity to tender their defence in regard to the alleged violation of the Clauses of the scheme of administration. He further submits that the District Inspector of Schools,Ghaziabad while passing the order dated 26.12.2018 has misdirected himself in law and has passed the order impugned in the teeth of law laid down by this Court in the case of C/M Public Inter College and another v. State of U.P. and others, registered as Writ C No. 21402 of 2013.
The order dated 26.12.2018 does not record any dates regarding the expiry of the term of the Committee of Management. It is also apparent from the perusal of the impugned order dated 26.12.2018 that the petitioners were not afforded an opportunity to tender their defence against the allegation that the elections were held in violation of Clause 7 of the scheme of administration. Further, the District Inspector of Schools could not have overlooked the law laid down by this Court in the case of C/M, Public Inter College(supra).
Faced with a similar factual matrix, this Court in the case of C/M, Public Inter College (supra) held thus:
"I have heard the learned counsel for the parties. It is not disputed that the petitioner committee of management was in effective control of the institution on the basis of the election held in the year 2009, which elections were duly approved by the District Inspector of Schools vide order dated 2.12.2009. In the writ petition filed against the order of the District Inspector of Schools dated 2.12.2009 by the respondent, no interim order has been granted. It is the petitioner committee of management alone, which could have held fresh elections of the committee of management. From the record, it is further apparent that the process of initiating election for the fresh elections had been initiated by the petitioner committee of management well within 3 years and one month. The High Court vide order dated 3.12.2012 passed in Civil Misc. Writ Petition No. 62211 of 2012 issued a direction to the District Inspector of Schools to appoint the Election Observer in respect of the fresh elections to be held by the petitioner's committee of management. It is only thereafter that the District Inspector of Schools appointed Election Observer on 24.12.2012 and ultimately, elections process could be completed on 20.1.2013, which exceeds the time provided under Clause (7) of the Scheme of Administration. Since the parties are at variance qua the interpretation of Clause-7, It is appropriate to reproduce the same. Clause-7 read as as follows :-
7. "प्रवन्धि सममिमति कदा कदायर कदाल । वतिरमिदान प्रदामवधिदान मनरिस्ति मकयदा जदातिदा हहै । पपूवर प्रदामवधिदान कके स्स्थिदान परि मनम्ननॅमकति प्रदामवधिदान रिहके गदा :
पददाधधिकदाररिययों एवमित् सममिमति कके सदस्ययों कदा कदायदारकदाल तितीन वरर कदा हहोगदा । कदायर अवधधि समिदाप्त हहो जदानके परि अगलके एक मिदास तिक हती अपररिहदायर कदारिणयों सके पददाधधिकदारिती बनके रिह सकके गके | यमद तितीन वरर पश्चदाति एक मिदास कके अन्दरि नवचयमनति सममिमति कभदारि ग्रहण नहहीं करितिती हहै तिहो तितीन वरर एक मिदास पश्चदाति कदालदातितीति सममिमति कदायदारकदाल स्वतितः समिदाप्त समिझदा जदायकेगदा औरि मिण्लतीय उप मशकदा मनदकेशक ददारिदा प्रबन्धि सवंचदालक मनयक्त मदयदा जदायगदाके धजसके प्रवन्धिधधिकरिण कके पपूवर अधधिकदारि हहोगके । वह प्रवन्धि सवंचदालक नवचयमनति सममिमति कहो चयनदाव न हहोनके ककी सस्स्थिमति मिग चयनदाव करिदाकरि ,] शतीधदातितीमशघ कदायररिति करिदायकेगदा । यमद एक सके अधधिक प्रवन्धि सममिमति अधधिकदारि कदा ददावदा करिके तिहो प्रकरिण उप मशकदा मनदकेशक कहो प्रस्तियति मकयदा जदायकेगदा धजसकदा मनणरय मिदान्य हहोगदा । "
From the simple reading of the aforesaid clause, it is apparent that after expiry of 3 years and one month of the term of the committee of management, a Prabandh Sanchalak has to be appointed by the Deputy Director of Education. If between the expiry of the term of the committee of management and the appointment of the Prabandh Sanchalak, the election process has been completed, then in that situation, the Prabandh Sanchalak is not required to hold fresh elections."
In such view of the matter, the order dated 26.12.2018 passed by the District Inspector of Schools, Ghaziabad is arbitrary, illegal and cannot stand. The order dated 26.12.2018 passed by District Inspector of Schools, Ghaziabad is quashed.
The matter is remitted to the respondent no. 3, District Inspector of Schools, Ghaziabad.
A writ of mandamus is issued commanding the respondent no. 3 to execute the following directions:
I. The respondent no. 3 shall issue a show-cause notice to the petitioners indicating the reasons or the grounds on which he proposes to invalidate the election claim set up by the petitioners. The respondent no. 3 shall also point out any other infirmity in the election claim set up by the petitioners if any such infirmity exists.
II. The petitioners shall be given adequate time to tender their defence to the show-cause notice.
III. The respondent no. 3 shall pass a reasoned and a speaking order in accordance with law after giving an opportunity of hearing to the petitioners.
IV. The exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order.
The writ petition is allowed.
Order Date :- 22.1.2019 Dhananjai