JITENDRA PAL Vs. COMMITTEE OF MANAGEMENT, KANYA KALYAN GURUKUL SHIKSHA SANSTHAN UCHCHATTAR MADHYAMIK VIDYALAYA AND ORS.

JUDGEMENT

(1.) THIS is an application filed in special appeal No. 159 of 1992 which had been decided by the Division Bench of Hon'ble A.N. Varma and M. Katju, JJ. on 17 -12 -1991. A perusal of the judgment dated 17 -12 -1991 shows that the Division Bench had directed the Deputy Director of Education to appoint some one as Prabandh Sanchalak who had to hold the election of the committee of management within two months of production of certified copy of the said judgment.

(2.) IT has been alleged in paragraph 7 of the affidavit in support of this application that the certified copy of the aforesaid judgment was given to the Deputy Director of Education and Regional Inspectress of Girls Schools on 23 -12 -1991. The Deputy Director of Education in pursuance of this Courts' order appointed the District Inspector of Schools as the Prabandh Sanchalak vide Annexure -1 to the affidavit. The Prabanadh Sanchalak took the charge on 3 -1 -1992 and it is alleged that he intimated the Regional Inspectress of Girls Schools, District Magistrate, Superintendent of Police etc. and the election programmed was issued in the local daily newspaper on 10 -1 -1992. Notices were sent to the members of the general body of the society through postal certificates on 8 -1 -1992. Apart from the newspaper publication the notices were also sent by registered post on 13 -1 -1992. The election was held on 21 -1 -1992, but it is alleged in this application that the Regional Inspectrees of Girls Schools has disapproved of the election result.

(3.) IN paragraph 11 of the affidavit in support of the application reference has been made to a letter of the Regional Inspectress of Girls Schools dated 20 -1 -1992 addressed to the Prabanadh Sanchalak for staying the election on the ground that there was some dispute about the membership of the society. In our opinion, it was highly improper and unjustified on the part of the Regional Inspectress of Girls Schools to stay the election fixed for 21 -1 -1992. It may be mentioned that this election was not being held in the ordinary course, but it was being held pursuant to the directions contained in the judgment of this Court dated 17 -12 -1991. If any one had any grievance regarding the membership of the general body of the society, he could have raised his objection before the Prabanadh Sanchalak prior to the election on 21 -1 -1992, or if he thought that the Prabanadh Sanchalak was biased or unfair he could have approached the Deputy Director of Education with a request to appoint another Prabanadh Sanchalak for holding the election or for looking into the question about membership of the society. The third option for an aggrieved party was that he could have approached this Court for modification of the directions contained in the judgment dated 17 -12 -1991. It was, however, not open to the Regional Inspectress of Girls Schools to have meddled in this matter of her own.