MARTHA S KHAN OFFICIATING PRINCIPAL EMMA THOMPSON SCHOOL LALBAGH LUCKNOW Vs. LALBAGH CHRISTIAN EDUCATIONAL SOCIETY LALBAGH LUCKNOW

JUDGEMENT

(1.) THIS petition has been filed by Mrs. Martha S. Khan an officiating Principal of Emma Thompson School, Lalbagh, Lucknow, seeking a writ in the nature of certiorari quashing the impugned order dated 6.4.2004 contained in Annexure-1 along with resolution of April 5, 2004 of the Committee of Management. By virtue of these order and resolution the petitioner has been relieved of the office of officiating Principal and in her place, another Teacher Miss A. Walter has been appointed as the officiating Principal. It has also been prayed that by virtue of a writ in the nature of mandamus, the opposite parties be restrained from giving effect to the impugned order and resolution referred to above.

(2.) LALBAGH Christian Educational Society, LALBAGH is registered under the provisions of Societies Registration Act, 1860. The Society governs the Emma Thompson School, LALBAGH, Lucknow, an institution imparting education upto class XII standard. This school if affiliated to the Council for Indian School Certificate Examination of New Delhi. The Government of Uttar Pradesh issued a no objection certificate to the Emma Thompson School with the condition that the orders issued by the State of Uttar Pradesh or Educational Department shall be binding upon the society.

(3.) MRS. J. J. Able filed her counter-affidavit on behalf of the opposite parties and stated that Lalbagh Christian Educational Society managed several educational institutions including Emma Thompson (hereinafter referred to as the school), which is a minority institution. All the members of the Committee of Management are Christians. There are no statutory rules and regulations for governance of the institution. The petitioner was working as the officiating Principal of the school for more than eight years, but since the affairs of the school were worsening day by day, the Committee of Management of the school constituted an Evaluation Committee consisting of Dr. Prakash Masihas and others. The said Committee submitted an Evaluation Report on March 16, 2004 and a number of short-comings having serious repercussions on the reputation of the school in the eyes of public at large were pointed out. The Management Committee handed over the said report to the petitioner for remedial steps. Inspite of taking steps for improving the lot of the school, the petitioner proceeded to submit a counter-analysis, a perusal of which would show that since she was in a defiance mood, she was not prepared to listen sensible advice of the Management either for improving the affairs of the school or removing the short-comings recited in the Evaluation Report. The Committee of Management then resolved in the meeting held on 2.4.2004 that the officiating Principal be changed and a Screening Committee be constituted for its recommendation. A few guidelines were laid down by the Screening Committee for suggesting a panel of three persons for appointment of another officiating Principal. The Committee of Management selected one Miss A. Walter, a teacher of the senior class of the school itself as officiating Principal of the school.