RAKSHA MANGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Civil Writ Petition Nos. 17003 and 17079 of 1991 can be conveniently disposed of by this judgment as common questions of law and fact arise in them.

(2.) The sole ground on which the impugned order of suspension dated November 9, 1991 has been challenged in Civil Writ Petition No. 17003 of 1991 is that the same was passed by the Managing Committee after the approval granted to it by the Director, PubUc Instructions, Haryana, had lapsed and the same was, therefore, without jurisdiction. The petitioner has been working as Principal of the Hindu Girls Senior Secondary School, Kalka, which is an aided school governed by the Haryana Aided Schools (Security of Service) Act, 1971 (for short 'the Act'). It appears that there are some serious disputes amongst the members of the Executive Committee of the School and the group headed by Shri Kanti Parkash Bhalla passed a resolution suspending the petitioner from the post of Principal and simultaneously ordered Smt. Mithlesh Kumari, Lecturer in Biology to officiate as Principal, The group headed by Shri Bhalla claims to have held elections of the Managing Committee on February 11, 1990 in accordance with the constitution of the Hindu Kanya Pathshala which is a registered society under the Societies Registration Act. An intimation to this effect is said to have been sent to the Director Public Instructions (Schools), Haryana, with a request that approval be granted to the newly constituted Managing Committee. Presumably because there were' two groups claiming to be the Management of tne School and the Director not feeling satisfied with the elections said to have been conducted by the group headed by Shri Kanti Parkash Bhalla, the Director Secondary Education, Haryana, in his communication dated April 25,1990 addressed to the District Education Officer, Ambala, requested the latter to have the elections conducted in accordance with the constitution of the society in his presence and in the meantime, interim approval was granted upto June 30, 1990 to the group of Shri Bhalla. Shri Bhalla, on the other hand, insisted that being the President of the Managing Committee, he had taken over as such in April, 1990. The Director again asked the District Education Officer to conduct the elections of the Menaging Committee before the end of August, 1990 arid the interim approval granted earlier was extended upto August 31, 1990. Some correspondence appears to have been exchanged between the Director on one hand and the group of the Managing Committee headed by Shri Bhalla on the other and it was contended at the time of arguments that the approval to the group headed by Shri Bhalla was granted by the Director primarily because he being the local M.L.A. from Kalka joined the State Cabinet as a Minister. Be that as it may, it is admitted on both sides that the interim approval to the group of Shri Bhalla was extended upto June 30, 1991 whereafter no further extension was granted and the District Education Officer had again been directed to conduct the elections of the Managing Committee before this date.

(3.) 'Management' has been defined in Rule 2(e) of the Haryana Aiided Schools (Security of Service) Rules, 1974 (hereinafter referred to as 'the Rules') to mean the Managing Committee duly approved by the Director running the aided school. Since due approval from the Director is necessary, the group headed by Shri Kanti Parkash Bhalla having obtained approval upto June 30,1991 can be said to be the 'Management' of the school till this date but not thereafter. As the direction issued by the Director regarding the holding of elections upto June 30,1991 was not complied with, no further approval was granted after this date and the Director while exercising his powers under Section 5A of the Act directed the District Education Officer vide his letter dated 16.12.1991 to make direct payment of salary to the staff of the school through crossed cheques out of the aid payable to the school. Simultaneously the District Education Officer was again told to conduct the elections of the Management impartially and according to the constitution of the society with a further direction that after the holding of elections case for approval be sent to the Directorate. Since then the District Education Officer is handling the financial matters in regard to the payment of salaries etc. to the employees of the school though the group headed by Shri Bhalla still claims to be looking after its affairs.