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C/M INTER COLLEGE BHOKERHERI THRU' MANAGER & ANR. versus STATE OF U.P. THRU' SECY. & OTHERS

High Court of Judicature at Allahabad

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C/M Inter College Bhokerheri Thru' Manager & Anr. v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 11321 of 2005 [2005] RD-AH 2759 (13 September 2005)

 

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

Court No. 52

Civil Misc. Writ Petition No. 11321 of 2005

Committee of Management, Inter College

Bhokerheri and another

Versus

State of U.P. and others

Hon'ble V.K.Shukla,J

Latoor Singh, claiming himself to be the Manager of the Committee of Management of Inter College, Bhokerheri, Muzaffar Nagar has approached this Court questioning the validity of the order dated 18.01.2005 passed by Regional Committee constituted under Government Order dated 19.12.2000 and consequential order attesting the signature dated 20.01.2005.

Brief facts of the case as mentioned in the writ petition is that earlier matter traveled to this Court in the shape of Civil Misc. Writ Petition No. 51416 of 2003 wherein District Inspector of Schools was directed to approve the list of members of the general body afresh after affording opportunity of hearing to the parties concerned and elections to take place strictly in accordance with the list of members as approved by the District Inspector of Schools in pursuance of the order of the Regional Level Committee dated 15.03.2003. Again this Court in Civil Misc. Writ Petition No. 20745 of 2004 reiterated  the same direction and further directed that election of the Committee of Management may be held under the control and supervision of District Inspector of Schools. Relevant extract of the aforementioned judgment is being quoted below:

" According it is provided that fresh elections of the committee of management may be held by the petitioner (Latoor Singh) under the control and supervision of District Inspector of Schools within one month from the date of certified copy of this order is filed before the District Inspector of Schools. The Election Officer to be appointed for supervising the aforesaid elections, shall be approved by the District Inspector of Schools and he shall ensure that an independent person is appointed as Election Officer.

However having regard to the order passed by this Court in Civil Misc. Writ petition No. 51416 of 2003 it is provided that the District Inspector of Schools shall approve the list of members of the general body afresh after affording opportunity of hearing to the parties concerned and elections shall taken place strictly in accordance with the list of members as approved by the District Inspector of Schools in pursuance of the order of the Regional Level Committee dated 15.03.2003.

In view of the aforesaid writ petition stands disposed of."

Pursuant to directives issued in Civil Misc. Writ Petition No. 51416 of 2003 and 20745 of 2004 District Inspector of Schools proceeded to finalize the electoral college on 23.10.2004. Against said determination of electoral college objection had been filed by the petitioner contending therein that 76 more persons were entitled to participate in the said election as they have been validly enrolled as members by the General Body as per scheme of administration. Elections were held wherein only 143 members were participate and 76 members were left out. Latoor singh has filed Civil Misc. Writ Petition No. 54245 of 2004 before this Court and this Court on 17.01.2005 passed following order which is being quoted below.

" In view of the order which is proposed to be passed no useful purpose would be served by calling for a counter affidavit. It is not in dispute that the matter relating to the recognition of the newly elected committee dated 04.12.2004 is pending before the regional committee of which the Joint Director of Education is the Chairman which has been constituted under the government order dated 19.12.2000 to decide the dispute relating to committee of management. As the matter is pending before the regional committee giving reasons why the newly elected body can not be recognized. The regional committee will decide the matter in accordance with law. While deciding the election dispute the regional committee will also decide the question of membership of the general body and as to whether the 76 members who according to the petitioners have been wrongly excluded were valid members or not. Until the disposal of the objection filed by the petitioners the regional committee will not grant recognition to the election dated 04.12.2004.

With the above directions both the writ petitions are disposed of finally."  

Regional Committee on 18.01.2005 passed order recognizing the elections of respondents and thereafter consequential order has been passed by District Inspector of Schools attesting the signature.

Counsel for the petitioner submitted with vehemence that when precise direction has been given by  this Court then Regional Committee was daily bound to consider the objection filed by the petitioner and as objections has not at all been adverted to, as such impugned order passed by Regional Committee according recognition and consequential order attesting the signature is vitiated and same are liable to be set aside by this Hon'ble Court.

Counsel for the respondent on the other hand submitted at no point copy of this order was served before passing of the order, as such Regional committee has not at all erred in passing order.

After respective arguments have been advanced factual position which has emerged is that petitioner claims to have informed the Regional Committee of this order dated 17.01.2005 on 18.01.2005 whereas this fact is factually disputed by the respondent. As to whether this particular order has been communicated or not is essentially question of fact but the fact, of the matter is that Regional Committee is obliged to consider the question of member of general body in respect of 76 members as precise direction was issued by this Court. As till date Regional Committee has not at all adverted to the said objection.

In these circumstances and in this background in order to do substantial justice in between both the parties liberty is given to the petitioner to file fresh representation before Joint Direction of Education Saharanpur Region, Saharanpur and Joint Direction of Education Saharanpur Region, Saharanpur after receiving aforementioned representation shall place the said representation before Regional Committee and on the said dated Regional Committee shall provide opportunity of hearing to both Latoor Singh as well as  Dr. Karnvir Singh and thereafter matter be decided afresh as per the direction issued by this Court on 17.01.2005. Decision which has been taken on the earlier occasion shall abide by fresh order which would be passed by Regional Committee. Needless to say that the said decision be taken winthin two month from the date of presentation of certified copy of this order.

With the above direction present writ petition is disposed of.

13.09.2005

Dhruv      


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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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