COMMITTEE OF MANAGEMENT OF SHIR MAHAURU PURVA MADHYAMIK VIDYALAYA, ALIGARH AND OTHERS Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) THE petitioners have sought the quashing of the order dated 29th June, 2009 passed by the District Basic Shiksha Adhikari, Aligarh whereby the removal of the Manager of the Committee of Management of Shri Mahaur Purva Madhyamik Vidyalaya Jwalapuri Naurangabad, district Aligarh (hereinafter referred to as the 'Primary School') on the basis of the No Confidence Motion passed on 20th April, 2009 by the Committee of Management of the Primary School and approved by the Executive Body of the Trust on 29th April, 2009 has been set aside and the Manager has been directed to continue for the remaining term.

(2.) IT is-stated that Sri Mahaur Vaishya Vidhya Prachar Trust was constituted in 1985-86 and is registered under the provisions of the Societies Registration Act, 1860. The Trust has its own bye-laws according to which the term of the Executive Body is five years. In the list of the Executive Body of the Trust for the year 2004-05, Ramesh Chandra Gupta was the President, Hari Om Gupta was the Secretary and petitioner No. 4 Prem Prakash Mahajan was the Deputy Manager. According to the bye-laws, the President of the Trust is the President of the Executive Body nominated for the Primary School. Ramesh Chandra Gupta was, therefore, the President of the Executive Body of the Primary School and respondent No. 4 Prakash Vir Gupta was nominated as the Manager of the Primary School. It is alleged that respondent No. 4 started abusing his position as Manager and financial irregularities were also committed by him. The Committee of Management of the Primary School, therefore, in the meeting held on 20th April, 2009 under the President ship of Ramesh Chandra Gupta in which 8 out of the possible 10 members were present, unanimously passed the No Confidence Motion and removed respondent No. 4 Prakash Vir Gupta from the post of Manager. In his place petitioner No. 3 Narayan Hari Gupta was appointed as the Manager for the remaining term of the Committee of Management. The matter was thereafter placed before the Executive Committee of the Trust which on 29th April, 2009, in which 17 members out of 24 members attended the meeting, approved the resolution of the Committee of Management of the Primary School. Thereafter the papers were sent to the District Basic Shiksha Adhikari, Aligarh who on 4th May, 2009 attested the signatures of petitioner No. 3 Narayan Hari Gupta as the Manager of the Committee of Management of the Primary School.

(3.) I have heard Sri Kshitij Shailendra learned counsel appearing for the petitioners. Learned Standing Counsel has been heard on behalf of respondent Nos. 1,2 and 3 and Sri B.B. Paul has been heard on behalf of respondent No. 4 Prakash Vir Gupta.