RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a resident of Village Bohli, Post Office Kabri, Tehsil Madlauda, District Panipat. He is aggrieved by the order dated 20.08.2016 passed by the Deputy Commissioner, Panipat, upon his petition against the Sarpanch of the Gram Panchayat of the said village, the 6th respondent herein. The complaint of the petitioner was that the 6th respondent suffered disqualification to hold the post of Sarpanch as his Matriculation certificate was not genuine. The petitioner pointed out that the 6th respondent claimed to have passed his Matriculation course from Takshila College, Karnal, but as per his information, there was no such college in existence. He further asserted that the Bhartiya Shiksha Parishad, Uttar Pradesh, which was stated to have issued the subject Matriculation certificate was not recognized by the Council of Boards of School Education, New Delhi. The petitioner therefore wanted action to be taken by the authorities under Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter, 'the Act of 1994'), for removal of the 6th respondent from office. However, by the impugned order dated 20.08.2016, the Deputy Commissioner, Panipat, opined that as the status of Bhartiya Shiksha Parishad, Uttar Pradesh, was sub judice before the civil Court, no action could be taken at this stage and deferred the matter on that ground.

(2.) Before adverting to the factual aspects of the case, it would be appropriate to consider the statutory scheme of the Act of 1994 in this regard. Section 51 thereof deals with suspension and removal of a Sarpanch/Panch. Section 51(3)(b) states to the effect that the Director or the Deputy Commissioner may remove a Sarpanch or Panch from office after following the due procedure if he was disqualified to be a member of the Gram Panchayat at the time of his election. Section 175 of the Act of 1994 sets out the disqualifications in relation to various posts, including that of a Sarpanch. Section 175(v) postulates that, generally, a male candidate who has not passed Matriculation examination or its equivalent examination from any recognized Institution/Board shall not be a Sarpanch or a Panch. Therefore, any man ordinarily aspiring to the post of Sarpanch must have passed Matriculation examination or its equivalent from a recognized Institution/Board. Be it noted that, in terms of this restriction, it is not necessary that such recognition must be by a local Board or Institution in the State of Haryana only and even if the Matriculation certificate is recognized by any Institution/Board from any other State, it would suffice.

(3.) In the case on hand, the 6th respondent claims to have passed his Matriculation course from Takshila College, Karnal, which is under the control of the Bhartiya Shiksha Parishad, Uttar Pradesh. As per the 6th respondent, this institution was thereafter renamed as Manas Sanskrit Maha Vidyalaya/Manas Model Senior Secondary School, Karnal. It appears that the Bhartiya Shiksha Parishad, Uttar Pradesh, offers courses not only at the Matriculation level but also up to higher studies, including graduation in various disciplines. In this context, litigation arose between the Bhartiya Shiksha Parishad, Uttar Pradesh, and the University Grants Commission, New Delhi, by way of a civil suit in RS No.336 of 1998 on the file of the learned Civil Judge (Junior Division) South, Lucknow. The Bhartiya Shiksha Parishad, Uttar Pradesh, and the Independent Institute of Professional Studies, Lucknow, its affiliated college, are the plaintiffs therein while the University Grants Commission, New Delhi; the State of Uttar Pradesh; the State of Maharashtra; and the Union of India, are arrayed as the defendants. Perusal of the suit plaint reflects that the Bhartiya Shiksha Parishad, Uttar Pradesh, claimed to be a Society registered under the provisions of the Societies Registration Act , 1860, having its registered office at Lucknow, and its aim was to provide education to the general public. According to it, it never claimed either to be a University or affiliation to a University and its grievance was that the University Grants Commission, New Delhi, was brandishing it to be a fake University. It is in this context that a declaration was sought that it was not a University and was not claiming to be a University but only a registered Society, promoting education amongst the common people in accordance with the standard and norms settled by itself, consequent to which it was issuing its own certificates to successful candidates. An injunction was also sought to restrain the defendants from treating it as a fake University. A temporary injunction was granted in this suit on 18.11.1998 restraining the defendants from declaring the Bhartiya Shiksha Parishad, Uttar Pradesh, as a fake University. This suit is still pending adjudication.