VINESH JAIN Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) This special appeal has been directed against the judgment and order passed by the learned single Judge on 29.10.2010 in Civil Misc. Writ Petition No. 62266 of 2010, Committee of Management and Ors. v. District Inspector of Schools, Muzaffar Nagar. The learned single Judge has allowed the writ petition and directed the Joint Director (Education) concerned to appoint an authorized controller to manage the affairs of the institution and to direct him to hold election under his supervision.

(2.) The case of the opposite parties-Petitioners is that there is a Society in the name and style of Jain School Committee (Registered), Muzaffar Nagar (for short the Society) which is duly registered and it runs various educational institutions, including Jain Inter College (Boys), Muzaffar Nagar (for short the institution). The last election of the Committee of Management of the institution was held in the year 2007 and its term expired on 11.6.2010. Therefore, Mr. Vinod Jain, Manager of the Committee of Management, in pursuance of government order dated 21.11.2008 started the process of election to constitute the next Committee of Management and for the purpose he sent a letter to the Secretary of the Society to provide him list of the members of the parent Society. As per government order dated 26.12.83 the Scheme of Administration of the institution was amended and the amended provisions were applicable to the institution concerned. The Secretary of the Society did not take cognizance of the request made to him by the Manager, Sri Vinod Jain and as a consequence no election could be held in time to constitute the new Committee of Management. Therefore on 25/26.8.2010 the District Inspector of Schools, Muzaffar Nagar passed an order of single operation as the term of the existing Committee of Management had expired. As per Article 7 of the Scheme of Administration it was the duty of the Regional Deputy Director of Education, Saharanpur to appoint an authorized controller (Prabandh Sanchalak) to hold the election of new Committee of Management. In the instant case no such exercise was undertaken by the authority concerned and the District Inspector of Schools, Muzaffar Nagar in utter contravention of the Scheme of Administration committed gross illegality and permitted the Society to constitute a new Committee of Management in collusion with private Respondents of the writ petition. On the instance of these private Respondents, in a hurried manner, the election was conducted only on paper. Violating prescribed procedure and norms the election was shown to be held and the result of the said election was declared on 18.9.2010 though, the date for formal declaration of the result of the election was fixed as 26.9.2010. So much so, the District Inspector of Schools concerned was so interested in favour of the above mentioned private Respondents that he passed the impugned order on 24.9.2010, a date earlier to the date fixed for declaration of the result of the election. The opposite parties/Petitioners had lodged their protest before and after the alleged election but no action was taken on the part of the authorities concerned and on 24.9.2010 the District Inspector of Schools, Muzaffar Nagar recognized the illegal election and invited the Manager for attestation of his signature. Feeling aggrieved by the illegal action and inaction on the part of educational authorities the opposite parties-Petitioners filed the writ in this Court.

(3.) Counter-affidavit was filed on behalf of the Respondents to the writ petition, who had justified the election as well as the approval of the same. It has been stated in the counter-affidavit that the term of the Committee of Management of the Institution had expired on 11.6.2010 and a new committee was to be constituted. It has been admitted that there is a Jain School Committee (Registered), Muzaffar Nagar which runs several educational institutions including Jain Inter College (Boys), Muzaffar Nagar and the Society has got its own Bye-laws. As per Clause 8 of it there will be a separate Committee of Management for every institution run by the Society and responsibility of conducting the election of the Committees of Management is given to the Executive Committee of the Society. It has been stressed that it is well within the powers of the Society and it is the duty of the Executive committee of the Society to execute in time the process of election. In exercise of this process the Society sent a letter to the District Inspector of Schools on 25.7.2010 requesting it for permission to hold the election and the said permission was granted by the authority vide its letter dated 26.7.2010. In the same letter the District Inspector of Schools appointed one Dr. Chandra Singh as Election Officer and Arvind Kumar as the Observer. After following due procedure the election was held and since there was no contest the result was declared on the date of withdrawal which was 18.9.2010 and it was communicated to the District Inspector of Schools, who accorded his approval vide his letter dated 24.9.2010. It has also been mentioned in the counter-affidavit that Clause 5(v), 5 (vi) and 9(v) were cancelled by the Deputy director of Education, Meerut Region vide its order dated 15.1.1985 and thus it was left to the Society to hold election of the Management Committee of the Institution. In this background it has been asserted in the counter-affidavit that the election of the Management Committee of the institution was lawful and the order impugned is legal in the eyes of law.