Allahabad High Court
Committee Of Management, Nehru ... vs State Of U.P. And 3 Others on 15 March, 2021
Bench: Manoj Misra, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 273 of 2021
Appellant :- Committee Of Management, Nehru Smarak Inter College Fulera And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Nand Lal Pandey,Suyash Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri N.L. Pandey for the appellants; the learned Standing Counsel for the respondents 1, 2 and 3; and perused the record.
This intra-court appeal is against the judgment and order dated 10.02.2021 of the learned Single Judge in Writ C No. 1956 of 2021 by which the writ petition of the appellants challenging the order dated 31.12.2020 passed by the Joint Director of Education, has been dismissed.
In brief, the facts giving rise to the present appeal are as follows:-
There is an institution by the name Nehru Smarak Inter College Fulera, District Baghpat which is claimed to be recognized by the Board of High School and Intermediate and governed by the provisions of U.P. Intermediate Education Act, 1921 as also High School and Intermediate Colleges (Payment of Salary to the Teachers and other Employees) Act, 1971.
According to the writ petitioners, the last recognized election of the Committee of Management took place on 02.08.2015. Thereafter, under an Observer appointed by the District Inspector of Schools, Baghpat, fresh elections were held on 11.08.2020 which, in absence of any objection, were accorded recognition on 02.09.2020 by the District Inspector of Schools, Baghpat. However, after the elections were accorded recognition, a complaint was made before the Joint Director of Education in respect of the election. The Joint Director of Education instead of placing the dispute before the Regional Level Committee for redressal of the election dispute proceeded to set aside the order dated 02.09.2020 and hold the election dated 11.08.2020 invalid vide order dated 31.12.2020.
Aggrieved by the order dated 31.12.020, the writ petitioners (the appellants herein) filed Writ C No. 1956 of 2021 on the ground that the Joint Director of Education exceeded his jurisdiction by deciding an election dispute relating to management of an institution when, as per the Government Orders, he ought to have referred the dispute to the Regional Level Committee.
The learned Single Judge, upon noticing the observations in the impugned order that the entire process of election appeared to be sham; that there were number of dead persons in the list of members published for holding election; and that large number of affidavits were filed by members claiming that no elections were held, after noticing that there was no specific rebuttal by the writ petitioners to those observations, declined to entertain the petition.
The learned counsel for the appellants submitted that the order of the Joint Director of Education was without jurisdiction therefore the petitioners did not specifically traverse the correctness of those observations. But, by no stretch of imagination the election could be stated to be sham or bogus as the election program was duly notified in the newspaper and it was held under an Observer. He submits that as there were more than 1000 members, individual notice to all the members was not required and the result of the election would not vitiate merely because of presence of name of few dead members in the list. He submits that under Government Orders dated 19.12.2000 and 20.10.2008, the election dispute should have been placed before the Regional Level Committee and if the matter had been placed before the Regional Level Committee it would have been demonstrated that the election was in accordance with the Scheme of Administration.
Learned Standing Counsel though supported the order passed by the Joint Director of Education but did not dispute that such an election dispute under the Government Orders is referable to the Regional Level Committee of which the Joint Director of Education is a member.
Having considered the submissions though we do not deem it appropriate to set aside the order of the Joint Director of Education dated 31.12.2020 as it proceeds to notice a comprehensive challenge to the validity of the elections more so, when the earlier recognition order was without addressing those issues. But, keeping in mind the undisputed position that under the Government Orders dated 19.12.2000 and 20.10.2008 an election dispute of the nature examined and decided by the Joint Director of Education ought to be referred to the Regional Level Committee for adjudication, to secure the ends of justice and to give a forum to the petitioners (appellants) to ventilate their grievance, we dispose of this appeal by providing that the writ petitioners (appellants herein) would have liberty to move an application before the Joint Director of Education, Ist Region, Meerut for referral of the election dispute to the Regional Level Committee of the region concerned. If any such application is moved by the writ petitioners (appellants) before the Joint Director of Education, Ist Region, Meerut, within two weeks from today, the Joint Director of Education shall forward the papers relating to the dispute to the Regional Level Committee within next two weeks. The Regional Level Committee, thereafter, shall proceed to address all the issues relating to the election and take appropriate decision thereon, preferably, within a period of next six weeks after giving opportunity of hearing to the parties concerned. The order so passed by the Regional Level Committee shall supplant the order of the Joint Director of Education dated 31.12.2020 without prejudice to the right of the parties to challenge the same before appropriate forum by taking recourse to appropriate proceeding.
It is clarified that the findings returned by the Joint Director of Education in his order dated 31st December, 2020 shall not come in the way of the Regional Level Committee in taking its own independent decision. It is further clarified that if, in the meantime, any fresh election is held the same shall abide the decision of the Regional Level Committee.
The appeal stands disposed off as above.
Order Date :- 15.3.2021/Sunil Kr Tiwari
