SANJAY KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The batch of writ petitions addresses the grievances of the teachers in the educational institution run by the 4th respondent Tika Ram Education Society, Sonepat. The reference to the respondents shall be the same as found in the array of parties in Civil Writ Petition No. 13654 of 2000.

(2.) All the petitioners have complained against the orders of termination issued against them by the Administrator appointed by the Director of School Education, after the administration of the school was purported to have been taken over by the Government. The educational institution run by the 4th respondent was admittedly an aided school to which the provisions of the Haryana School Education Act of 1995 and the relevant rules are applicable. For some alleged mismanagement of the affairs of the Society which had also established some Colleges within the State of Haryana, a writ petition in Civil Writ Petition No. 16820 of 1998 titled Tek Ram Vs. State of Haryana and others had been filed before this Court. The writ petition referred to the fact that the Society which had established three Colleges and three Schools had been carrying out the affairs through a governing body which was not competent to function and the election to the office bearers of the Society appears to have been a subject of the writ petition. In that writ petition, it appears to have been contended that the governing body that had been appointed on 24.08.1994 had a tenure of office only for a term of 3 years and without going through a proper process of election, an Ad hoc Committee had been set up, which was taking administrative decisions that were harmful to the proper conduct of the affairs of the Society. This Court admitted the writ petition and passed an order restraining respondents 6, 8, 9 and 11 in that writ petition from acting as members of a governing body. They had made it clear that in case the State Government wished to appoint an Administrator pending disposal of the writ petition, it would be at liberty to do so. It appears that the decision had been taken by the Government in relation to the administration of affairs of the College run by the Society when a notification was issued by the Governor of Haryana taking over a management of three education institution namely, Tika Ram Girls College, Sonepat; CRA College, Sonepat; and Tika Ram College of Education, Sonepat with immediate effect. The Governor had been also pleased to appoint the Additional Deputy Commissioner, Sonepat, as Administrator of the Colleges under the provisions of Haryana Private Colleges (taking over of Management) Act of 1971.

(3.) Subsequently it appears, representations had been made for appointment of an Administrator also for the schools namely CRA Senior Secondary Schools (Boys); Tika Ram Girls Senior Secondary School and Tika Ram Primary School. The Deputy Commissioner, Sonepat, Shri Sudhir Rajpal, IAS, had sent a letter of communication to the Administrator appointed for the Colleges namely to Shri Prem Parshant, who was also incidentally the Financial Commissioner and Secretary to Government of Haryana, Education Department that since the members of the governing body had been restrained from acting as members of Tika Ram Education Society, they could not also administer the affairs of the three schools referred to above. The letter of communication pointed out that no Administrator of Schools had yet been appointed, although the members of the governing body had been restrained from acting as members of the Society. A situation arose that there was neither any Administrator looking after the schools nor any governing body legally entitled to function in view of the interim orders passed by this Court.