COMMITTEE OF MANAGEMENT SHRI GURU GOVIND SINGH INTER COLLEGE BAREILLY AND Vs. JOINT DIRECTOR OF EDUCATION BAREILLY

JUDGEMENT

(1.) Surjeet Singh, respondent No. 3 was admittedly elected as the Manager of the Committee of Management of Sri Guru Govind Singh Inter College, Govind Nagar, Model Town, Bareilly in the last election, which was held on 8.5.1996. This Committee of Management was duly recognised by the District Inspector of Schools (for short 'D.I.O.S.') on 24.6.1996. Sardar H.S. Sobti was elected as President but was subsequently substituted by Sardar Mela Singh. It is alleged that on 15.8.1997. Surjeet Singh voluntarily resigned from the post of Manager. The resignation of Surjeet Singh was accepted by the Committee of Management in its meeting dated 10.12.1997 and in the said meeting, Kamal Jeet Singh, petitioner No. 2 was appointed/elected as Manager for the rest of the term of the Committee. His signatures were attested by the D.I.O.S. on 17.1.1998. In this manner, Kamaljeet Singh continued to work as Manager of the Committee of Management. On 18.5.1998, Surjeet Singh respondent No. 3 sent a letter to D.I.O.S. alleging that he has gained health and after recovery has joined on the post of Manager in pursuance of the resolution of the Committee of Management dated 7th May, 1998. The D.I.O.S. attested the signatures of Surjeet Singh respondent No. 3 on 18.6.1998. The petitioners represented to the D.I.O.S. that no meeting was held on 7.5.1998 and that the proceedings of the Committee as set up by Surjeet Singh are forged and fictitious and that Kamaljeet Singh continues to be the Manager. The D.I.O.S. withdrew the order dated 18 6.1998" and again attested the signatures of Kamaljeet Singh. Therefore, at the level of the D.I.O.S. the Committee of Management of which Kamaljeet Singh petitioner No. 2 was the Manager, continued to be recognised.

(2.) The deposed Manager--Surjeet Singh made approach to the Joint Director of Education, Bareilly Region, Bareilly--respondent No. 1 who by order dated 13.7.1998, Annexure-9 to the writ petition, set aside the order passed by the D.I.O.S. recognising the signatures of Kamaljeet Singh and directed that the signatures of Surjeet Singh who continues to be the Manager should be re-attested by the D.I.O.S. In compliance of the aforesaid order passed by the Joint Director, the D.I.O.S. again attested the signatures of Surjeet Singh on 16.7.1998, a copy of which is Annexure-10 to the writ petition.

(3.) By means of the present writ petition, under Article 226 of the Constitution, the impugned order dated 13.7.1998, Annexure-9 passed by the Joint Director of Education and the consequential order dated 16.7.1998, Annexure-1, passed by the D.I.O.S. have been challenged primarily on the ground that when once Surjeet Singh has resigned from his post of Managership voluntarily, he could not be-foisted as Manager over the Committee of Management unless he is duty elected again ; that Kamaljeet Singh was duly elected and appointed as the Manager on 10.12.1997 for the remaining term of the Committee of Management and, therefore, his period cannot be curtailed by the illegal order of the Joint Director. A counter-affidavit has been filed by Surjeet Singh repelling the above allegations and maintaining that though he had resigned from the post of Manager, his resignation was not accepted by the Committee of Management and, therefore, he had requested the President of the Committee to relieve him of the responsibilities of the post of Manager for a period of six months as he was not able to perform his duties on grounds of health. Accordingly, in his absence. Kamaljeet Singh was appointed as an officiating (Karyawahak) Manager, who was to remain in office till such period Surjeet Singh resumed his duties. The impugned order of Joint Director has been termed to be within legal and administrative limits.