Allahabad High Court
C/M Sri Gandhi Smarak Inter ... vs State Of U.P.And Others on 23 August, 2012
Bench: Amreshwar Pratap Sahi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - C No. - 39672 of 2012
Petitioner :- C/M Sri Gandhi Smarak Inter College And Another
Respondent :- State Of U.P.And Others
Petitioner Counsel :- N.L.Pandey,Suyash Pandey
Respondent Counsel :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner Sri N.L. Pandey appearing for Subhash Chandra Agrawal son of Sri Ranjeet Singh, Sri Indraraj Singh for respondent Nos. 5 and 6 and learned Standing Counsel for Respondent Nos. 1,2 and 3.
It is not necessary to issue notice to respondent No.4. The other respondents do not propose to file any counter affidavit at this stage and learned counsel for the parties contend that the matter be disposed of finally on the basis of material available on record. Accordingly, the writ petition is being disposed of finally at this stage itself.
The challenge in this writ petition is to the order passed by the District Inspector of Schools dated 3rd August, 2012 whereby he has accepted the proposal of no confidence motion as valid against the petitioner removing him from office of Manager and its subsequent approval by the General Body. The no-confidence motion is alleged to have been passed on 10th June, 2012 by the Committee of Management and is alleged to have been ratified by the General Body on 23.6.2012.
Learned counsel for the petitioner submits that the resolution of the Committee of Management is invalid inasmuch as it has not been passed by a 2/3rd majority, and even otherwise the agenda for the same has not been circulated in accordance with the scheme of the administration. Sri Pandey further contends that the resolution of the Committee of Management as also the resolution of the General Body were not in accordance with the scheme of the Administration, as such, the District Inspector of Schools overlooking the provisions of the scheme has passed the impugned order which reflects non application of mind.
He has further invited the attention of the Court to the objections filed by the petitioner on 20th July, 2012 entailing the aforesaid objections before the District Inspector of Schools.
Sri Indraraj Singh, learned counsel for the Respondent No.5 and 6 has, however, refuted the aforesaid submissions and he contends that the resolution has been passed validly after circulation of an agenda in accordance with the scheme of the Administration and, as such, the resolution does not suffer from any infirmity.
The finding recorded in the impugned order is that nine members of the committee had appeared before the District Inspector of Schools to approve the said resolution. Sri Pandey contends that there was a clear objection that only seven members had signed the original resolution which is alleged to have been passed on 10th June, 2012 and, therefore, it was not by 2/3rd Majority.
The aforesaid submission of Sri Pandey is correct inasmuch as the District Inspector of Schools has not recorded any finding on this objection raised by the petitioner. Apart from this the District Inspector of Schools has not recorded any finding in relation to the provisions of the scheme of the Administration and has relied on the alleged statement made by nine persons before him. In the opinion of the Court the impugned resolution dated 10th June, 2012 has to survive on the basis of what is written in that resolution and not on the basis of any subsequent oral statement. The validity of the no confidence resolution is to be tested on the contents thereof and not on the basis of any subsequent statement.
Accordingly, the impugned order dated 3rd August, 2012 cannot be sustained. It is hereby quashed. The matter is remitted back to the District Inspector of Schools, Respondent No.3, who shall proceed to pass an appropriate order in the light of the observations made hereinabove within six weeks of the date of production of a certified copy of this order.
The writ petition is allowed.
Order Date :- 23.8.2012
Manish
