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C/M, RAM DAHIN SINGH INTER COLLEGE, AAM GHAT & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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C/M, Ram Dahin Singh Inter College, Aam Ghat & Another v. State Of U.P. & Others - WRIT - C No. - 20840 of 2007 [2007] RD-AH 15452 (13 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 33

Civil Misc. Writ Petition No.20840 of 2007

Committee of Management Ram Dahin Singh

Inter College through its Acting/Deputy

Manager Samarjeet Singh

and another

Versus

The State of U.P. through Secretary

Secondary Education/Government

of U.P. at Lucknow and others.

Hon'ble V.K. Shukla,J.

Samarjeet Singh claiming himself to be the Manager of the committee of Management Ram Dahin Singh Inter College,District Ballia has approached this court questioning the validity of the decision dated 30.3.2007 wherein D.I.O.S., Ballia has passed order holding therein that in the meeting of the Managing Committee of the institution dated 17.9.2006 in the casual vacancy of Laxman Singh, Abhai Kumar Singh has been elected as Manager in the reminder period and proceeding dated 24.9.2006, are fake and fictitious proceeding in respect of the petitioner.

In the district of Ballia, there is recognised institution known as Ram Dahin Singh Inter College, Ballia. Said institution in question is in grant-in-aid list of the State Government and the provision of U.P. Act No. 24 of 1971 are fully applicable to the said institution. The affairs of the aforesaid institution is run through Managing Committee, which is constituted in consonance with provision of Scheme of Administration, framed in exercise of authority Section 16-A of U.P. Act No.2 of 1921. Last election had been held on 12.9.2002 wherein Lallan Misra was elected as President and Late Laxman Singh as Manager. Thereafter, fresh elections had been claimed on 19.6.2005 by the petitioner. Said elections were duly recognised by the Regional Level Committee on 13.6.2006 wherein Laxman Singh was accepted as Manager, consequent to the same signature of Laxman Singh were attested. Laxman Singh died on 28.8.2006. Petitioner claims that on I.9.2006 meeting was scheduled for 17.9.2006. Thereafter, on the said date on account of non fulfilment of quorum, meeting was postponed on 17.9.2006. Petitioner has contended that on 24.9.2006 meeting took place wherein resolution was passed in favour of Samarjeet Singh and same was sent before D.I.O.S. Ballia for attestation of signature, thereafter, D.I.O.S., Ballia passed order of single operation on 19.10.2006.

Said order has been subject matter of challenge in the Civil Misc. Writ Petition No. 60683 of 2006. Said writ petition was allowed on 7.11.2006 and matter was remitted back, thereafter, D.I.O.S. passed fresh order.

Counter affidavit to which rejoinder affidavit has been filed and matter has been taken up for final disposal and hearing with the consent of the parties.

Sri S.K. Singh, learned counsel for the petitioner contended with vehemence that in the present case D.I.O.S., Ballia has no authority to decide the dispute in respect of continuance of office hearers and members on administrative side after enforcement of Government Order dated 19.12.2000 and as such order dated 30.3.2006 is without jurisdiction and coupled with this D.I.O.S. has failed to appreciate that there is no provision in the Scheme of Administration, which confers right upon the Committee of Management to have elected Manager for remaining term of the Committee of Management, once manager of Committee of Management has expired.

Sri H.K. Singh, Advocate, learned counsel for the respondents countering the said submission contended that said action has been taken pursuant to directive issued by this court on the earlier occasion and as such no interference is warranted with the finding of fact returned.

In order to appreciate respective arguments Government Order dated 19.12.2000 is being looked into:

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;g lfefr fuEufyf[kr izdj.kks ij fopkj djsxh

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????2?? osru forj.k vf/kfu;e ds vUrxZr fu;aU=d dh fu;qfDr

????3?? leLr izdkj ds izcU/kdh; fookn

????+4?? f'k{kdks ds ofj"rk lac/kh fookn

????++5?? osru vuqeU;rk ls lcf/kr leLr izdj.k U;k;y;h izdj.kks dks NksMdj

;g lfefr mDr izdj.kks dk ijh{k.k djus ds mijUr viuh laLrqfr ml vf/kdkjh dks izLrqr djsxh tks vf/kfu;eks ds vUrxZr bu dk;ksZ dks djus ds fy, gS bl lfefr dh ekg es nks ckj fu;fer :i ls cSBds vk;ksftr gksxh U;k;ky;h izdj.kks ij mDr lfefr viuh laLrqfr f'k{kk funs'kd dks izsf"kr djsxh ftudh vk[;k ,ao laLrqfr izkIr gksus ij 'kklu )kjk dk;Zokgh gsrq funsZ'k fn;k tk;sxkA

By enforcement of Government Order 19.12.2000 the State Government has constituted Regional Committee and the matter which Regional Committee would look into has also been provided for. Item no. 1 provides and deals with attestation of signature of the Manager. Item No. 3 deals with consideration of all Management dispute. Thus, as per said Government Order dated 19.12.2000 any matter in respect of attestation of signature of Manager or Management dispute, matter has to be decided by the Regional Committee.

In the present case undisputed position is that earlier election had been recognised by the Regional Level Committee wherein Laxman Singh was shown to have elected as Manager, who died on 28.8.2006. Dispute is in respect of holding of the meeting dated 17.9.2006 and 24.9.2006, which was in respect of filling of post of Manager on the said casual vacancy, which had occurred. After enforcement of Government Order dated 19.12.2000 dispute in respect of attestation of signature and in respect of managerial dispute, has necessarily to be referred to Regional Level Committee and Regional Committee is obliged to consider the question and then obliged to make its recommendation to the concerned officer, who will pass further follow up consequential action. Thus after enforcement of Government Order dated 19.12.2000, D.I.O.S. had no authority to entertain the dispute as has been done in the present case and he was duty bound and obliged to refer the matter to Regional Level Committee and thereafter await recommendation made by the Regional Level Committee instead of proceeding himself to decide the dispute.

Consequently, order dated 30.3.2006 passed by the D.I.O.S. Ballia is quashed. D.I.O.S. is directed to transmit entire record to the Joint Director of Education, who is the Chairman of Regional Level Committee and thereafter Joint Director of Education, Azamgarh Region, Azamgarh is directed to see that matter is placed and decide by the Regional Level Committee preferably within period of two months from the date of production of certified copy of this order after providing opportunity of hearing to Samarjeet Singh and Abhai Kumar Singh.

With these observation, writ petition is allowed.

Dt. 13.9.2007

T.S.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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