COMMITTEE OF MANAGEMENT OF MAHARAAJA PRATAP INTER COLLEGE, RAM DAYALGANJ, JAUNPUR AND ANOTHER Vs. DISTRICT INSPECTOR OF SCHOOLS, JAUNPUR

JUDGEMENT

(1.) Petitioner no. 1 claims to be the Committee of Management of the Maharana Pratap Inter College, Jaunpur (hereinafter referred to as the College) run by petition no, 2 which is a Society registered under the Societies Registration Act. By means of this petition, the petitioners pray for quashing of an order passed by the District Inspector of Schools, Jaunpur, dated 18th Sept., 1980.

(2.) The material allegations on which this petition is founded are that at the instance of the District Inspector of Schools a meeting of the General Body of the Society was held on the 27ch July, 1980 at which the Committee of Management as well as its office-bear ears were elected. The minutes of the meeting were communicated to the District Inspector of Schools, who accorded recognition to the Committee of Management as well as its office-bearers alleged to have been elected on the 27th July. 1980, Subsequently, as would appear from the impugned order, one Sri Tej Bahadur Singh made a written representation to the District Inspector of Schools alleging that he himself was a member of the General Body of the Society and the total number of the members of the General Body was 14. It may be stated here that according to the petitioners the total number of the total members of the General Body Was 5i. Sri Tej Bahadur Singh alleged in his representation that neither he not 62 other members had been served With any notice of the alleged meeting of the 27th July, 1980. A as consequence of this representation, it,is clear a dispute arose with regard to the constitution of the Committee of Management as well US its office-bearers said to have been elected On the 27th July, 198Q. In consequence of the dispute raised, the District Inspector of Schools intimated by his letter dated 18th Sept., 1980, to Sri Bindeshwari Prasad Singh, the President of the College, that Sri Tej Bahadur Singh had raised a dispute with regard to the constitution of the committee of Management and its office-bears alleging that there were in all members of the General Body. Along with this letter the District Inspector of School sent to Bindeshwari Prasad Singh copies of three represent ions received by him including that of Sri Tej Bahadur Singh. By means of this letter Sri Bindeshwari Prasad Singh was required by the District Inspector of Schools to clarify as to whether previous notice of the meeting of the General Body alleged to have been held on the 27th July, 1980 had been served on all its members or not and if so what was the method employed. Sri Bindeshwari Prasad Singh was further required by this letter to produce such material as he may have in his possession to establish that notice to all the members had been served regarding the meeting held on the 27th July, 1980. Within a week the President of the Managing Committee of the College was required to take appropriate steps to satisfy the District Inspector Of Schools that the meeting of the 27th July, 1980 was a valid one. By means of the same order, the District Inspector of Schools suspended his earlier order dated 10th Sept., 1980 according approval to the Committee of Management said to have been elected at the meeting on 27th July, 1980.

(3.) Learned Counsel for the petitioners has contended that the impugned order of the District Inspector of Schools was passed without complying with the requirements of the principles of natural justice since it was passed without notice to the petitioners who are directly affected by it. In our opinion, there is no-force in this contention. It has been held repeatedly by this Court that in the event of a dispute arising regarding the constitution of a Committee of Management of an education institution governed by the provisions of the U.P; Intermediate education Act, it is open to the District Inspector of Schools to decide at an administrative level as to which of the two rival Committees of Management is the duly elected Committee of Management. It follows, therefore, that if the constitution of a particular Committee of Management is challenged, the District Inspector of Schools at an administrative level is competent to decide as to whether it has been duly elected or not. Such a situation did arise in this case as a consequence of the representations made by Sri-Tej Bahadur Singh and other, which necessitated an enquiry and decision by the District Inspector of Schools regarding the validity or otherwise of the elections held on the 2th July, 1930. The direction that his earlier order dated 10th Sept. 1930 shall remain suspended is only in the nature of an exparte interim order which will last only till such time as the dispute has been decided by the District of Schools. Ah exparte interim order evidently cannot be passed after hearing the parties. By means of the impugned notice, the President of the College was required by the inspector of Schools to produce before him satisfactory material within dae week, It is open to the petitioners obviously while complying with the after to request the District Inspector of Schools on the basic material produced by Him to withdraw the exparte interim order and to permit to alleged Committee of Management to continue t6 perform its function under the provisions of the U. P Intermediate Education Act and the Scheme of Administration applicable to the College.