Court No. - 49
Case :- WRIT - C No. - 12688 of 2019 Petitioner :- Suresh Chandra Sharma Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Neelam Pandey Counsel for Respondent :- C.S.C.,Parmatma Nand Ojha
Hon'ble Ajit Kumar,J.
Impleadment application filed today is taken on record. Impleadment application is allowed.
Counsel for the petitioner is permitted to carry out the necessary impleadment in the memo of parties during the course of the day.
By means of this petitioner under Article 226 of the Constitution the petitioner has questioned the order dated 18th February, 2019 whereby the Regional Joint Director of Education, Saharanpur has cancelled his earlier order dated 7th February, 2019 whereby he had suspended the order dated 1st February, 2019 appointing the Principal Government High-School, Budhana, Muzaffar Nagar as authorized controller of Janta Kanya Inter College, Shivpuri Khatauli, Muzaffar Nagar.
It is worth noticing that the original order of appointment of the Authorized Controller dated 1st February, 2019 has not been assailed in the writ petition.
It transpires from the record that initially appointment of the Authorized Controller dated 1st February, 2019 was suspended by the Regional Joint Director of Education on 7th February, 2019 under some confusion with regard to the statement that had come up in the order dated 21st January, 2019 passed in Writ C No. 1877 of 2019 however, the said order has been modified by order of the Court dated 13th February, 2019 and, therefore, the confusion that had arisen has virtually wiped off.
Learned counsel for the petitioner has argued that the petitioner has the apprehension that the newly appointed authorized controller, under the order dated 1st February, 2019, would be siding with the newly impleaded respondent no. 4 and, therefore, the order deciding the electoral college could be vitiated for bias and would seriously prejudice his interest .
Per contra the argument advanced by counsel for newly impleaded respondent no. 4 is that there is no allegation that principal of the Government High School is in any manner related to the respondent no.4, nor, is there any any averment showing such act or conduct on his part to demonstrate that the order that would be passed by the Authorized Controller, deciding the electoral college, would in any manner be result of a colourful exercise of power. He further argues that the hearing on the determination of the Electoral College for holding election of the Committee of Management of the institution has already been concluded on 21st of April, 2019 and in which the petitioner has fully participated and order is likely to be passed at any time.
Having heard learned counsels for the parties and their arguments across bar and having perused the record and other pleadings raised in the writ petition, I am of the view that the writ petition cannot be granted as it is for two obvious reasons: firstly the original order dated 1st February, 2019, appointing the Authorized Controller has not been challenged in the writ petition nor, the Authorized Controller against whom a findings has been raised, has been impleaded as one of the respondents; and secondly no writ can be granted on mere apprehension. The arguments have to be substantiated with substantial pleadings of bias and foundation to be laid to indicate possible miscarriage of justice and that there are compelling circumstances to warrant this Court to exercise extraordinary jurisdiction in issuing necessary writs to arrest such miscarriage of justice.
However, in the facts and circumstances of the present case and the pleadings as have come to be raised in the writ petition, this Court does not find any plausible reason to justify the apprehension of the present petitioner. Moreover it is always open for the petitioner to challenge the order of the Authorized Controller deciding the Electoral College if he is so aggrieved.
The writ petition is misconceived and is dismissed with no order as to cost at this stage.
Order Date :- 26.4.2019/Nadeem Ahmad