RADHEY RAM SHARMA Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) RADHEY Ram Sharma, Petitioner no. 1, was selected for appointment to the post of Principal of Gandhi Adarsh Inter College, Labadi, district Etawah, and the Selection Committee sent its proposal to the Deputy Director of Education, Allahabad, for approval. The Deputy Director of Education by his order dated 12th December, 1973, refused to grant approval to the appointment of petitioner no. 1. Aggrieved RADHEY Ram Sharma as well as the Managing Committee of the College through its Manager Sri Ishwar Chandra Tewari filed this petition under Article 226 of the Constitution challenging the validity of the order of the Deputy Director of Education.

(2.) THE Deputy Director of Education refused to grant approval merely on the ground that since there was dispute amongst the members of the Committee of Management, the Selection Committee constituted for the purpose of selecting the principal was not in accordance with rules, as such no approval could be granted to the recommendations of the Selection Committee for appointment of Radhey Ram Sharma, petitioner no. 1, as Principal of the College. No other reason was stated by the Deputy Director of Education in refusing the approval.

(3.) THE question then arises as to whether in the instant case, the Deputy Director of Education passed the order within two weeks of the receipt of the relevant papers. THE date on which the Deputy Director of Education received the relevant papers is disputed by the parties. According to the respondents the relevant papers were never received by the Deputy Director of Education, whereas according to the petitioners the relevant papers had been received by the Deputy Director of Education on 1st October, 1973. Admittedly, the Deputy Director of Education received all the papers on 21st November, 1973, but he failed to pass any orders within two weeks even thereafter. THE order dated 12th December, 1973 was passed after the expiry of two weeks. On a perusal of the affidavits filed by the parties, it is clear that the Chairman of the Selection Committee submitted paper to the Deputy Director of Education on 11th August, 1973.. By his letter dated 24th August, 1973, (Annexure 2 to the petition) the Deputy Director of Education asked for certain information from the Chairman of the Selection Committee. THE Deputy Director of Education required a certificate to the effect that there was no dispute between the Committee of Management. THE Chairman of the Selection Committee by his letter dated 1st October, 1973 (Annexure 3 to the petition) submitted necessary information to the Deputy Director of Education. THE Deputy Director of Education, however, insisted that a certificate should be obtained from the District Inspector of School to the effect that there was no dispute in the Committee of Management. In that connection he sent a letter on 20th October, 1973, to the Chairman of the Selection Committee directing him to contact the District Inspector of Schools and to get requisite certificate sent to his office. On 3rd November, 1973, the Chairman of the Selection Committee addressed a letter to the Deputy Director of Education informing him that the District Inspector of Schools, Etawah, told him that he had already sent a letter directly to the Deputy Director of Education. THE Deputy Director of Education had himself asked the District Inspector of Schools to send the certificate and in pursuance of that direction the District Inspector of Schools submitted a detailed report to the Deputy Director under his letter which was personally handed over to the Deputy Director of Education at some meeting held at Fatehpur. This is clear on the perusal of the letter dated 6th November, 1973 (Annexure 6 to the petition) and the letter dated 6th November, 1973, from the District Inspector of Schools addressed to the Deputy Director of Education, a copy of this letter was forwarded to the Chairman of the Selection Committee also. It further appears that the letter of the District Inspector of Schools dated 6th November, 1973, was either misplaced or was not taken into account by the Deputy Director of Education. THE Deputy Director of Education sent another letter to the District Inspector of Schools on 13th November, 1973, directing him to submit the requisite certificate. THE District Inspector of Schools by his letter dated 19th November, 1,973, (Annexure A to the counter affidavit of Lekhraj Sharma) informed the Deputy Director of Education that he had already submitted his detailed report by his letter dated 20th September, 1973, and he annexed a copy of that letter also which is annexure B to the counter-affidavit. THE letter of the District Inspector of Schools was received in the office of the Deputy Director of Education on 21st November, 1973. In his letter dated 20th September, 1973, the District Inspector of Schools had observed that no doubt there was dispute among the members of the Committee of Management, one group was led by Sri Ishwar Chandra Tewari while the other group was led by Sri Fateh Chand Dixit who claimed himself to be manager. But under the orders passed by the High Court the Education Department had recognised Ishwar Chandra Tewari as Manager, he was given grant-in-aid, and he was carrying on the administration of the College. In the circumstances, he recommended that since there was necessity for having a permanent principal it would be just and proper that the selection held by the Managing Committee led by Sri Tewari should be accepted. THE District Inspector of Schools further enclosed the opinion of the District Government Counsel who had also advised that Sri Ishwar Chand Tewari was entitled to function as Manager and the Department should recognise him as such.