JINAT RAHMAN Vs. DISTRICT INSPECTOR OF SCHOOLS AZAMGARH

JUDGEMENT

(1.) By the impugned order dated 16.1.1998. Annexure-8 to the writ petition, Smt. Zinat Rahman, Principal of Madarsa Niswan Inter College. Azarngarh was placed under suspension for a period of 40 days in pursuance of the decision of the Committee of Management, which was convened for the purpose of 10.1.1998. Dr. Fakhre Alam-respondent No. 4 is the Manager of the Committee of Management of the college-respondent No. 3. This order of suspension has been challenged in the present writ petition under Article 226 of the Constitution primarily on the ground that the Committee of Management or for that matter. Dr. Fakhre Alam, respondent Nos. 3 and 4, have no right or authority to suspend the petitioner on account of on going protracted dispute between the rival Committees of Management. Abdul Rahim Ansari, asserting himself to be the Manager, has been joining Issues on the point with Dr. Fakhre Alam. It is alleged that the petitioner has been made a scape goat of the in-fighting between the office bearers of the rival Committees of Management and on false and frivolous grounds, she has not only been placed under suspension, but has been subjected to inordinate and inhuman behaviour, including manhandling and hurling of abuses at her. The history of litigation between the rival Committees of Management with details of the case have been given in the petition. In nutshell, the prayer of the petitioner is that since Dr. Fakhre Alam had no authority or jurisdiction to suspend her. the Impugned order dated 16.8.1998, Annexure-8. be quashed and the respondents be commanded not to interfere with her functioning as Principal of the institution.

(2.) Counter and rejoinder-affidavits have been exchanged. In the counter-affidavit, filed by Dr. Fakhre Alam, who passed the impugned order, it has been mentioned that the Committee of Management of which he is the Manager, is in fact the lawful Committee of Management as has been duly recognised by the Dy. Director of Education (for short 'D.D.E.') and that the said committee is discharging all its statutory and managerial functions of the Institution ; it is alleged that the petitioner is taking sides with the alleged illegal rival Committee of Management of which Abdul Rahim Ansari claims himself to be manager and she having fallen in the fold of Sri Ansari. has committed serious financial irregularities and various acts of omission and commission which resulted in mismanagement of the institution. The Principal was served with a show cause notice but she has chosen not to furnish any explanation or reply and consequently in order to ensure the smooth and proper functioning of the institution, the Committee of Management, after taking into consideration the report of the Manager and due deliberations, in its meeting held on 10.1.1998, resolved to suspend the petitioner.

(3.) Heard Sri M. M. Sahai, learned counsel for the petitioner. Sri Ashok Khare, learned counsel for Dr. Fakhre Alam and the Committee of Management, of which he is Manager, as well as learned standing counsel appearing for the District Inspector of Schools.