SHREE KRISHNA JOTISH PATHSHALA KANYA INTER COLLEGE, BISALPUR, PILIBHIT AND ANOTHER Vs. DISTRICT INSPECTOR OF SCHOOLS, PILIBHIT AND OTHERS

JUDGEMENT

(1.) The Society known as Shri Krishna Jyotish Pathshala Bishalpur in the district of Pilibhit runs an Intermediate College known as Shri Krishna Jyotish Pathshala Kanya Inter College, Bishalpur, district Pilibhit. The Committee of Management which manages the affairs of the college is constituted in accordance with the Scheme of Administration framed under the U.P. Intermediate Education Act, 1921 duly approved by the Deputy Director of Education. An election for the Committee of Management had been held on 23rd June, 1982 and the period of the said Committee was three years. The tenure of the Committee Management elected on 23rd June, 1982 expired on 22nd June 1, 1985. It appears that thereafter the President of the Committee of Management in order to hold fresh elections took proceedings as contemplated by the Scheme of Administration and invited applications for membership by 30th Nov., 1985. Now 30th Dec., 1985 stands fix as the date for elections of the Committee of Management. This writ petition has been filed before us during the winter holidays after obtaining the permission of the Honourable the Acting Chief Justice. The prayer contained in this writ petition is for quashing two orders passed by the District Inspector of Schools, Pilibhit, Respondent No. 1 dated 20th and 21st Dec., 1985 respectively. A further prayer has been made in the writ petition for the issue of a writ of mandamus directing the Respondents not to implement the impugned orders and not to hold the election scheduled to take place on 30th Dec., 1985.

(2.) It has been urged by counsel for the Petitioners that both the impugned orders passed by the Respondent No. 1 are without jurisdiction. A perusal of the order dated 20th Dec., 1985 indicates that applications made by Respondents 2 to 19 for being enrolled as members of the society were rejected by the President of the existing Committee of Management on 12th Dec., 1985 and that order has been set aside by the Respondent No. 1. It has been urged by counsel for the Petitioners that the order passed by the President of the Committee of Management on 12th Dec., 1985 is final and no appeal lay against that order to the District Inspector of Schools and consequently the order dated 20th Dec., 1985 passed by the D.I.O.S. was without jurisdiction.

(3.) Shri L.N. Pandey, Standing Counsel has appeared before us for Respondent No. 1. Respondent No. 2 has also put in appearance and Sri Ajit Kumar, Advocate has filed his vakalatnama on his behalf. Having heard learned counsel for the parties we are of opinion that even if it may be accepted that the order dated 20th Dec., 1985 passed by the Respondent No. 1 is without jurisdiction, no case has been made out for interference with that order under Art. 226 of the Constitution for it is a settled principle that if the effect of setting aside an illegal order would be restore an equally illegal order of jurisdiction under Art. 226 of the Constitution is not to be exercised. As seen above, the applications from those persons who intended to become members of the society. According to the advertisement, these applications were to be made by 30th Nov., 1985 and the membership fee was to be deposited with the treasurer of the College. Respondents No. 2 to 19 approached the Respondent No. 1 on 30th Nov., 1985 namely, the last date by which the applications for enrolment as members were to be made, asserting that they approached the President of the Committee of Management with the request that they may be made members of the society after accepting their membership fee but the declined to accept their applications or the membership fee. It further appears that there upon the D.I.O.S. on 30th Nov., 1985 itself sent those applications to the President of the Committee of Management along with drafts of the membership fee. It is thus to be seen that the membership fee as well as the requisite application reached the President on 30th Nov., 1985 i.e. within the time mentioned in the advertisement made in this behalf.