Court No. - 42
Case :- WRIT - C No. - 11433 of 2021 Petitioner :- C/M Sri Amar Shaheed Kaushal Kumar Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sankalp Narain,Anand Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Anand Kumar Pandey, learned counsel for the petitioners and Sri Siddharth Singh, learned Addl. Chief Standing Counsel for the respondents.
Present petition has been filed for quashing the impugned order dated 15.3.2021 passed by District Inspector of Schools, Ballia and to direct the DIOS, Ballia to grant recognition to the election of the Committee of Management of the Institution, which took place on 24.5.2020.
Vide order dated 8.7.2021, learned Standing Counsel was granted 4 weeks' time to file counter affidavit, but today, when the matter was taken up, Sri G.K. Singh, learned Senior Counsel stated in categorical terms that he does not want to press prayer no.1 regarding quashing of the order dated 15.3.2021, as vide letter dated 3.6.2021, the Joint Director (Education) has sent the matter back to the DIOS for decision in accordance with law. It was further stated that vide letter dated 19.6.2021, the petitioner was asked to produce relevant documents in support of his stake. Copies of the letters dated 3.6.2021 issued by Joint Director (Education) and 19.6.2021 by Respondent no.4 to the petitioner no.2 are taken on record.
Submission therefore is that petitioner is not pressing prayer no.1 made in the present petition and the only prayer is now to direct the respondent no.4 / DIOS, Ballia to decide the matter as early as possible as already directed by this Court vide order dated 8.1.2020 passed in Writ-C No. 68 of 2021, which is quoted hereunder:
"Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Sankalp Narain in support of the petition, Sri Ambrish Tiwari who has appeared for the complainant Kanhaiya Singh as well as Sri Piyush Shukla, learned Additional Chief Standing Counsel for the State respondents.
It is the admitted case that the last election of the Committee of Management was held in 2017 and upon the expiry of the term thereof fresh elections are stated to have been held by the petitioner on 24 May 2020. The papers thereof were submitted for the consideration of the District Inspector of Schools on 25 May 2020. It is also admitted from the record that Sri Bhola Pandey was the Manager in the Committee which had been elected in 2017. In the elections which were held on 24 May 2020 one Abhishek Pandey was elected as the Manager. The District Inspector of Schools, however, has in terms of the order impugned required Sri Bhola Pandey to appear before him for the purposes of attestation of his signature. The order as is ex facie evident proceeds without referring to the fresh election papers which were submitted by the petitioner here and where Sri Bhola Pandey is not shown as having been elected as a member of the Committee of Management at all. The District Inspector of Schools also does not refer to any other competing claims of election held in 2020 and which may have been presented before him for consideration.
From the record, the Court also takes note of a notice dated 30 September 2020 in terms of which the District Inspector of Schools taking cognizance of a complaint made by one Sri Kanhaiya Singh has required the newly elected Manager to appear and submit a reply. The Court is informed that although a reply has been submitted the proceedings have not yet been disposed of.
It is also pertinent to note that the complaint refers to the pendency of a dispute under Section 25(1) of the Societies Registration Act, 1860. In view thereof the complainant contends that no recognition should be accorded to the Committee of Management of the institution. The complaint prima facie appears to be without substance since the mere pendency of a dispute under Section 25 of the Act cannot detract from the right of a duly elected Committee of Management of the institution to seek recognition and to assert a right to manage the affairs of an Intermediate College. In view of the aforesaid, it is manifest that the impugned order would not sustain.
In view of the aforesaid, Sri Shukla, the learned Additional Chief Standing Counsel submits that the ends of justice would merit the matter being remitted for reconsideration of the District Inspector of Schools.
Accordingly, the writ petition is allowed. The impugned order dated 09 July 2020 is hereby quashed and set aside. The District Inspector of Schools is hereby commanded to consider the issue of grant of recognition to a duly elected Committee of Management afresh and conclude that exercise with expedition and preferably within a period of three weeks from today. The Court also leaves it open to the District Inspector of Schools to consider the validity of any other competing claims of elections purported to have been held in 2020 and which may have presented for consideration."
Today, both learned counsel for the petitioner as well as Sri Siddharth Singh, learned Addl. Chief Standing Counsel stated that petition may be disposed of at this stage even without calling the counter.
Since the direction has already been given to Respondent no.4 to conclude the exercise preferably within three weeks, Respondent no.4 is directed to act as already directed by this Court by order dated 8.1.2021 within the same time frame from the date of production of self verified copy of this order, which may be verified from the official website of this Court.
The writ petition is disposed of accordingly.
Order Date :- 24.8.2021 N.S.Rathour