Over 2 lakh Indian cases. Search powered by Google!

Case Details

C/M JAI HIND INTER COLLEGE & ANOTHER versus JOINT DIRECTOR OF EDUCATION VARANASI & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


C/M Jai Hind Inter College & Another v. Joint Director Of Education Varanasi & Others - WRIT - C No. 26437 of 2002 [2003] RD-AH 316 (11 September 2003)

 

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 OF ALLAHABAD

RESERVED

Civil Misc. Writ Petition No. 26437 of  2002

Committee of Management, Jai Hind Inter College, Teji Bazar, Jaunpur and another v.Joint director of Education V Region, Varanasi and others

With

Civil Misc. Writ Petition No.11651 of 2001

Committee of Management, Jai Hind Inter College, Teji Bazar, Jaunpur and another v. Assistant Registrar, First, Societies and Chits, Varanasi Region and another

Hon'ble R.K.Agrawal, J.

By means of the present writ petition filed under Article 226 of the Constitution of India the two petitioners, namely, the Committee of Management, Jain Hind Inter College, Teji Bazar, through its Manager Shyam Raj Singh and Shyam Raj Singh in the capacity of the Manager seek a writ, order or direction in the nature of certiorari quashing the order dated 14th June, 2002 passed by the Joint Director of Education, Varanasi Region, Varanasi, respondent no.1, filed as annexure 17 to the writ petition.  By means of the order dated 14th June, 2002,the Joint Director of Education, Varanasi Region, Varanasi had held that the Committee of Management headed by Sri Sant Bahadur Singh, as Manager, is the valid Committee of Management constituted on 7th July, 1998 and directed for taking steps for fresh elections in terms of the scheme of administration. However, the order would be subject to final decision of the competent court.

Briefly stated the facts giving rise to the present petition are as follows:-

There is an intermediate college in the name and style of Jai Hind Inter College, situate at Teji Bazar, Jaunpur ( hereinafter referred to as ''the Institution'). It is recognized under the provisions of U.P. Intermediate Education Act, 1921 and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable.  It is run by a Society in the name and style of Jai Hind Educational Institute Society, situated at Margoopur, Teji Bazar, in the district of Jaunpur, which is duly registered under the Societies Registration Act, 1860. It has its own bye laws and a scheme of administration for running the institution.  According to the scheme of administration, the Committee of Management of the Institution shall consist of 12 members out of which five members would be the office bearers.  The term of the Committee of Management is only three years.  It appears that a dispute regarding election of the Committee of Management and the membership of the Society was raised and the matter was brought before this Court by Sant Bahadur Singh, petitioner no.2 in Civil Misc. Writ Petition No.40554 of 1992 and this Court vide its judgment and order dated 8th January, 1993 disposed of the writ petition filed by Sant Bahadur Singh, petitioner no.2, finally directing the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi to refer the dispute to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860, which was to be decided within a period of three months.  Thereafter the Assistant Registrar vide order dated 25th January, 1993 referred the matter to the Prescribed Authority for deciding the dispute of election.  However, while referring the dispute the Assistant Registrar found that  there were 213 valid members of that Society.  The order dated 25th January, 1993 was challenged by Sant Bahadur Singh in Civil Misc. Writ Petition No.4944 of 1993, which was disposed of vide judgment and order dated 30.4.1993  with a direction to  the Prescribed Authority to decide the dispute referred to under Section 25 of the Societies Registration Act, 1860 ignoring the decision of the Assistant Registrar contained in the order dated 25th January, 1993.  This was a consent order.  The Prescribed Authority after hearing the parties vide order dated 1st September, 1993 declared the elections held by the rival Committee of Management to be null and void, found the list of 213 members as valid and directed the Assistant Registrar, Varanasi for holding a fresh election among the valid members of the Society.  Pursuant to the aforesaid order the Assistant Registrar published an election programme on 25th September in the newspaper  "Tarun Mitra" for holding election on 10.10.1993 after recording the finding that there were 207 valid members of the Society.  Sri Sant Bahadur Singh filed Civil Misc. Writ Petition No.28283 of 1993 before this Court challenging the order dated 1.9.1993 and the election programme for holding the election of the Society on 10.10.1993.  This Court vide judgment and order dated 7.10.1993 dismissed the writ petition by holding that the list of 213 members, finalized by the respondent no.2 (Assistant Registrar), is open to challenge before the civil court and the list is not final and does not deprive the petitioner no.2 therein (Sri Sant Bahadur Singh) from challenging its correctness in proceedings before the appropriate Civil Court.  With the aforesaid observations the writ petition was dismissed.  According to the petitioner, the judgment and order dated 7.10.1993 has become final between the parties.  The elections were held on 10.10.1993 in which the petitioner no.2 Shyam Raj Singh was elected as General Secretary and Sri Kedar Nath Singh was elected as President.  Sri Sant Bahadur Singh filed a Civil Suit No.304 of 1993 in the Court of Civil Judge, Jaunpur for declaration of 180 members of the Society as invalid besides some other reliefs.  The Civil Judge vide order dated 30th October, 1993 granted a temporary injunction directing the parties to maintain status quo till the forthcoming election of October, 1995.  Sri Shyam Raj Singh preferred Misc. Appeal No.270 of 1993 before the District Judge, Jaunpur.  The Learned II Additional District Judge, Jaunpur, who heard and decided the appeal vide order dated 17th December, 1993 dismissed the appeal.  However, the learned II Additional District Judge, Jaunpur directed the order of temporary injunction passed by the trial court to continue till the disposal of the suit.  It may be mentioned here that against the order dated 17th December, 1993 passed by the learned II Additional District Judge,  Sri Shyam Raj Singh filed Civil Misc. Writ Petition No.624 of 1994, which was disposed of by this Court vide judgment and order dated 15.5.1996 by observing that the temporary injunction granted by the court below would no longer be available to the plaintiffs and the appellate court's order that injunction was to continue till disposal of the suit was made inoperative without prejudice to plaintiff's right, if any, flowing from the alleged election dated 4.10.1995.  This Court also clarified that nothing contained therein would affect the proceedings under Section 16-A(7) of the U.P. Intermediate Education Act,  1921 regarding the Committee of Management of the College.

It is alleged that the petitioner held the election of the Committee of the Management of the Institution on 3rd May, 1995, papers of which was submitted by Sri Shyam Raj Singh before the  District Inspector of Schools, Jaunpur.  Another such election was held by Sri Sant Bahadur Singh on 2nd July, 1995, which was recognized by the  District Inspector of Schools vide order dated 12th July, 1995.  However, Shyam Raj Singh filed Civil Misc. Writ Petition No.30397of 1996 against the order dated 12th July, 1995, which  was stayed by this Court vide order dated 20.9.1996.  In the Special Appeal No.762 of 1996 filed by respondent no.3 against the order dated 20.9.1996, a Division Bench of this Court declined to interfere on the ground that it would be open to the aggrieved person to file an application for vacating the interim order in the aforesaid writ petition.  Pursuant to the order dated 20th September, 1996 passed by this Court, the matter was referred to the Deputy Director of Education, Azamgarh, who  vide order dated 3rd May, 1997 decided the rival election disputes  dated 14th  June, 1992 of the Committee of Management of the Institution in favour of the Shyam Raj Singh as Manager till the next election and his signature was attested by the  District Inspector of Schools, Jaunpur vide order dated 5th May, 1997.  The two orders were challenged by Sri Sant Bahadur Singh in Civil Misc. Writ Petition No.16425 of  1997.  Vide order dated 14th May, 1997 this Court stayed the operation of the aforementioned orders.  Fresh elections are alleged to have been held  by Sri Shyam Raj Singh on 28th May, 1998 in which he claims to have been elected  as Manager whereas another elections have been set up by Sri Sant Bahadur Singh on 7th July, 1998 in which he claims himself to have been elected.  Papers were submitted by the rival committees of management before the District Inspector of Schools, Jaunpur for according approval to their respective Committee of Management.  The matter was referred by the District Inspector of Schools, Jaunpur to the Joint Director of Education Varanasi Region, Varanasi vide letter dated 22nd July, 1998.  The Joint Director of Education vide order dated 29th January, 1999 found that none of the rival Committees of management have any effective control over the Institution and, therefore, appointed Sub Divisional Magistrate, Sadar, Jaunpur as the Pradhandh Sanchalak and he was directed to hold fresh elections on 25th February, 1999.  Sri Sant Bahadur Singh again challenged the order dated 29th January, 1999 before this Court by filing Civil Misc. Writ Petition No.6072 of 1999, which was finally allowed by this Court vide judgment and order dated 10th September, 2001.  This Court quashed the order dated 29th January, 1999 and directed the Joint Director of Education to take appropriate decision in accordance with law.  A Special Appeal has been filed by Shyam Raj Singh against the order dated 10th September, 2001 being the Special Appeal No.1062 of 2001 which is pending before this court.   The Joint Director of Education by order dated 14th June, 2002 had decided the dispute and had recognized the election of the Committee of Management held on 7th July, 1998 in which Sri Sant Bahadur Singh had been elected as the Manager.  The order dated 14th June, 2002 is under challenge in the present writ petition.

I have heard Dr. R.G. Padia, leaned counsel appearing for the petitioners and Sri A.P. Sahi, learned counsel appearing for the contesting respondents and the learned Standing Counsel appearing for the respondents.

Dr. Padia, learned counsel for the petitioners submitted that the list of 207 members finalized by the Assistant Registrar still stands as the said list was challenged by Sant Bahadur Singh by filing the Civil Misc. Writ Petition No. nil of 1993 and 28283 of 1993 which petitions have been dismissed by this Court with the observations that the said list is open to challenge before the Civil Court and is not final and does not deprive the petitioner no.2 from challenging the correctness of the same before the appropriate Civil Court.  He, thus, submitted that till such time the Civil Court holds the list to be invalid or modifies the same, the elections have to be held with 207 members as found by the Assistant Registrar to be valid members. The findings of the Joint Director of Education that Sri Shyam Raj Singh had not given any evidence and material to show that 180 members have been enrolled  are illegal  and patently erroneous.  According to him, once the list of 207 members has been finalized on the basis of which the elections were held earlier, it is not open to the Joint Director of Education to take a contrary view.  He further submitted that no finding has been given by the Joint Director of Education regarding the effective control over the Institution as required under Section 16-A (7) of the U.P. Intermediate Education Act, 1921 and therefore, the impugned order is liable to be set aside on this ground alone.  According to him, in view of the observation made by this Court in Civil Misc. Writ Petition No.6072 of 1999 decided on 10th September, 2001 the petitioners' claim of holding valid elections on 7.7.1998 has been illegally negatived by the order of respondent no.1 impugned in this writ petition.   The Joint Director of Education was, therefore, not justified in considering the validity of the elections held on 7th July, 1998.  He further submitted that the Joint Director of Education had not considered the various documents filed by the petitioners and, therefore, the order of the Joint Director of Education is wholly illegal.

Sri A.P. Sahi, learned counsel appearing on behalf of the contesting respondents, however, submitted that Sri Sant Bahadur Singh had filed civil suit challenging the order passed by the Prescribed Authority and that of the Assistant Registrar in holding the list of 207 members as a valid list of members of the Society.  In the suit an order of temporary injunction was passed restraining the petitioners from interfering on the prima facie finding that 180 members have not been enrolled which finding has not been disturbed even by this Court.  He further submitted that this Court vide judgment and order dated 10th Septembers, 2001 passed in Civil Misc. Writ Petition No.6072 of 1999 had specifically directed the Joint Director of Education to examine the list of members on the basis of which elections were to take place and, therefore, the Joint Director of Education after considering the material and evidence on the record had found that only 23 members are valid members as the petitioner have not produced any material or evidence to show regarding membership of 118 persons as claimed by them.  He further submitted that the Joint Director of Education had categorically recorded a finding of fact that the petitioner Shyam Raj Singh had not produced the receipts of 118 persons being valid members, even though Sant Bahadur Singh had given receipts of enrollment of 180  members and it cannot be believed that all the receipts have been misplaced in respect of not only one year but all subsequent years.  Thus, the plea taken by the petitioners that they are valid members cannot be accepted.  He, thus, submitted that the order of Joint Director of Education does not call for any interference.

Having heard the learned counsel for the parties I find that it is not in dispute that this Court vide order dated 7th October, 1993 had observed that the list of 213 members finalized by the Assistant Registrar is open to the challenge before the Civil Court and the said list is not final and does not deprive the aggrieved person from challenging its correctness in the proceeding before the Civil Court.  Subsequently, in the suit filed by Sant Bahadur Singh the trial court vide order dated 30th October, 1993 had found that 118 persons, who claimed themselves to be the members of the Society, had not filed any documents or receipts to show that they have been enrolled as members even though they claim that they had paid the membership fee of Rs.10 and were issued the receipts but which had been misplaced.  The validity of the membership again cropped up before this Court in Civil Misc. Writ Petition No. 6072 of 1999.  This Court had specially directed the Joint Director of Education to decide the validity of the list of members.  The relevant portion of the judgment and order dated 10th September, 2001 is reproduced below:-

"In view of the aforesaid submissions as has been advanced across the Bar, it appears that the dispute revolves in a very narrow compass i.e. the list of the members on the basis of which election is to take place.  In this connection, the submission as has been advanced from the side of the petitioner that the Joint Director of Education appears to have proceeded to pass order on some incorrect impression to the facts., when he states that there is no dispute between the parties in respect to 213 members which on facts of the present case do not appear so.  There appears to be serious dispute in respect to the list of members and in any view of the matter now when the elections was to take place in pursuance of the order of Joint Director of Education which was passed in the year 1999 and now we are in the year 2001, the ascertainment about validity of the members so continuing from various categories has to take place.  There are various classes of members whose continuity is dependent on certain formalities and therefore, by a detail consideration in this respect, a decision will have to be taken.  It appears that the Joint director of Education has not taken care to examine this aspect and he appears to be swayed away with the impression that there is no dispute about list of members and so he directed for holding of the election on the basis thereof."

Pursuant to the direction given by this Court, the Joint Director of Education had considered the matter in great detail and has found that the petitioners who claim that there were  213 members could not produce any document or receipts to show that 180 members had been enrolled even though they admitted that Sant Bahadur Singh had issued the receipts of membership fee to them.  He, however, found that the amount of Rs.10/- is for annual membership and  the plea that the receipts of membership were lost by the said members could not be accepted.  He has, thus, concluded that180 members are not duly enrolled members of the Society.  On the other hand, he has found that Sri Sant Bahadur Singh had filed the receipts of the ordinary members enrolled in the year 1989 and, therefore, the elections held on 7th July, 1998 is in conformity with the scheme of administration.  The findings recorded by the Joint Director of Education is based on appreciation of the evidence and material on the record and calls for no interference under Article 226 of the Constitution of India.  The contention that the Joint Director of Education has not recorded any finding regarding the effective control over the Institution as required under Section 16-A(7) of the Intermediate Education Act, it may be mentioned here that control of the Committee of Management had already been given to the authorized controller therefore the question of effective control has  rightly not been directed by this Court for being determined while passing the order dated 10th September, 2001.  So far as the contention that the Joint Director of Education has not considered the various materials and evidence which were filed before him is concerned it may be mentioned here that Dr. Padia have not been able to point out any such material or evidence from the record to show that they have not been considered.

In view of the foregoing discussion I do not find any merit in this writ petition.  It is, accordingly, dismissed. However, the parties shall bear their own costs.

11 September, 2003  

mt


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.