Court No. - 4
Case :- WRIT - C No. - 20071 of 2019 Petitioner :- Committee Of Management Muslim Inter College And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C., Nand Lal Pandey, Suyash Pandey
Hon'ble Saral Srivastava,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioners and Sri N.L. Pandey, learned counsel for the respondent no.5.
The petitioner claims to have been elected committee of management of Muslim Inter College, Asara, District Baghpat in the election alleged to have been held on 24.06.2018. It is stated that Sri Yusufuddin was elected as Manager. After election, the papers were forwarded to the Regional Level Committee through the District Inspector of Schools for the purpose of recognizing the committee of management. The Regional Level Committee by order dated 18.02.2019 disapproved the election of the petitioners.
The decision of the Regional Level Committee was assailed by the petitioners in Writ-C No.7878 of 2019 in which this Court on 12.03.2019 passed the following order :-
"The order assailed in the writ petition dated 18.02.2019 has been passed by the Regional Level Committee disapproving the election claim of the petitioners.
The submission of Sri G. K. Singh, learned Senior Counsel assisted by Sri Prabhakar Awasthi, learned counsel for the petitioners is that the scheme of administration of the institution was first approved in the year 1961. However, the aforesaid scheme of administration was amended in the year 1981. Once the scheme of administration was amended, the affairs of the institution were governed and regulated by the amended scheme of administration of 1981. While passing the order dated 18.02.2019, the Regional Level Committee has misdirected in itself in law by relying on the provisions of scheme of administration of the year 1961 which was not in existence.
Matter needs consideration.
Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit.
List thereafter.
Connect with Writ C Nos. 63332 of 2015 and 32663 of 2018.
Till further orders of the Court, the effect and operation of the order dated 18.02.2019 passed by Regional Level Committee (annexure 20 to the writ petition) shall remain stayed.
It shall be open to the Regional Level Committee to proceed again in accordance with law on the basis of scheme of administration approved in the year 1981 Against the order of this Court dated 12.03.2019, the respondent no.5 preferred Special Appeal No.465 of 2019 which was disposed off by the Appellate Court on 16.04.2019 with request to learned Single Judge to consider and decide the matter expeditiously.
This Court vide order dated 12.03.2019 permitting the Regional Level Committee to proceed again in accordance with law on the basis of Scheme of Administration approved in the year of 1981."
It appears that the Regional Level Committee thereafter proceeded to decide the claim of the petitioner and had passed an order dated 01.06.2019 again disapproving the election of the petitioners. The order of the Regional Level Committee dated 01.06.2019 is impugned in the present writ petition.
Challenging the aforesaid order, learned counsel for the petitioners has contended that the order dated 01.06.2019 has been passed without giving any notice or opportunity of hearing to the petitioner and in this regard, specific averment has been made in paragraph no.53 of the writ petition.
Sri N.L. Pandey, learned counsel for the respondent no.5 does not dispute the fact that the notice was not given to the petitioner by the Regional Level Committee before passing the order dated 01.06.2019. He further submits that he does not propose to file counter affidavit and the matter may be remanded.
Thus, in view of the undisputed fact, the order dated 01.06.2019 has been passed by the Regional Level Committee in violation of principles of natural justice as no notice was given to the petitioner by the Regional Level Committee before passing the impugned order, the order of the Regional Level Committee dated 01.06.2019 is not sustainable and deserves to be set aside. Consequently, the order dated 01.06.2019 is set aside.
Learned counsel for the petitioners has further submitted that the matter may be referred to some other Regional Level Committee of nearby district and the said submission has been made on the strength that earlier also, the Regional Level Committee, Meerut has passed an order against the petitioner which has been stayed by this Court, and again admittedly, the Regional Level Committee without giving any notice or opportunity of hearing to the petitioner has passed the order against the petitioner and, therefore, the petitioner has lost confidence upon the said Regional Level Committee.
In view of the submission of the learned counsel for the petitioners which is also evident from the record that the interest of the justice would be served if some other Regional Level Committee is assigned to decide the claim of the petitioners and consequently, this Court in the interest of justice, transfers the case of petitioner to the Regional Level Committee, Moradabad.
The Regional Level Committee, Meerut is directed to forward the record of case of the petitioner to the Regional Level Committee, Moradabad within a period of 10 days from the date of production of a certified copy of the order and the Regional Level Committee, Moradabad shall endeavour to decide the claim of the petitioners expeditiously preferably within a period of two months thereafter.
The writ petition is disposed off with the aforesaid observation.
Order Date :- 12.6.2019 S.Sharma