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Ram Preet Tripathi v. C/M, Gautam College & Others - SPECIAL APPEAL No. 1259 of 2005  RD-AH 4818 (25 October 2005)
Chief Justice's Court
Special Appeal No. 1259 of 2005
Ram Preet Tripathi
Committee of Management, Gautam Inter College, Pipra Ramdhar, Deoria and others.
Hon'ble Ajoy Nath Ray,CJ
Hon'ble Ashok Bhushan,J
Heard Sri P.N. Saxena, learned Senior Counsel assisted by Sri S.C. Srivastava, learned counsels appearing for the appellant and Sri O.P. Singh Sikarwar, learned counsel appearing for the contesting respondents.
This appeal has been filed by the appellant against the judgment and order dated 14.9.2005 passed by an Hon'ble Single Judge allowing the writ petition filed by the respondent no. 1.
In the writ petition filed by the respondent no. 1, an order passed by the Joint Director of Education dated 17.4.2003 was under challenge. The Joint Director of Education vide an order dated 1.7.2001 recognised the election of the Committee of Management represented by respondent no. 1. After said recognition, the appellant filed an application before the Joint Director of Education to recall the said recognition.
Learned Single Judge by the impugned judgment has set aside the order of the Joint Director of Education allowing the recall application. The consequence of the order is that recognition of the Committee of Management of respondent no. 1 has revived. Before the learned Single Judge it was contended on behalf of the appellant that the Society which claims to have held the election of the Committee of Management dated 1.7.2001 was not competent to conduct the election. It is contended on behalf of the appellant that the Society which was managing the institution i.e. Gautam Shiksha Samiti, Deoria was merged with another registered Society, which merger was also approved by the Assistant Registrar, Chits and Funds and challenge to the said order before this Court also failed. It was contended by the appellant that the Society which came into existence after merger was entitled to conduct the election of the Committee of Management. It is further submitted that all these questions were raised before the learned Single Judge but the learned Single Judge did not enter into said questions on the ground that the order impugned in the writ petition mentioned only one reason hence the Court will consider only the reason mentioned in the order dated 17.4.2003.
Learned counsel appearing for the respondent-writ petitioner has submitted that the Society namely Gautam Shiksha Samiti which has been running the institution was never merged and the Society which merged was another Society i.e. Gautam Uchchatar Madhyamik Vidyalaya. Hence the original Society is still running the institution and is entitled to conduct the election of the Committee of Management of Gautam Inter College.
We have considered the submissions and perused the record.
The order recalling the recognition granted to respondent no. 1 was based on an interim order dated 16.7.2001 passed by this Court in writ petition no. 25563 of 2001. The writ petition no. 25563 of 2001 was filed against the order of the District Inspector of Schools dated 4.7.2001 refusing the prayer of the present appellant to appoint an observer for holding election of the Committee of Management. The writ petition no. 25563 of 2001 was subsequently dismissed, hence the learned Single Judge has rightly taken the view that the order dated 17.4.2003 is unsustainable on both the grounds i.e. the interim order dated 16.7.2001 did not come in the way of recognition of the Committee of Management and further the said interim order is no more in existence after dismissal of the writ petition. The order of the learned Single Judge in so far it set asides the order of the Joint Director of Education dated 17.4.2003 is maintained.
The submission pressed by Sri Saxena before us is that the question as to which Society was the parent body to conduct the election of the Committee of Management was a jurisdictional fact and before the Joint Director of Education, the question was raised by way of raising objection in the recall application and it was incumbent on the Joint Director of Education to have considered the said question. The Joint Director did not decide the issue and had passed the order dated 17.4.2003 only on the basis of interim order passed in writ petition no. 25563 of 2001. He submits that the question has already been finalised by this Court. Reliance has been placed by Sri Saxena on two judgements of this Court passed in writ petition no. 18795 of 1998 decided on 15th September 1998 as well as in writ petition no. 50955 of 1999 decided on 13.11.2003.
It is to be noted that before the Educational Authorities when issues are raised, it is incumbent on them to decide all issues and objections raised by the parities specially those issues which go to very root of the matter, as in the present case the question as to which is the general body to elect the Committee of Management of the Educational Institution is basic question. The said question which was raised by the appellant in his application to recall the recognition dated 1.7.2001 needs to be decided a fresh by the Joint Director of Education after affording opportunity of hearing to both the parties.
In above view of the matter by maintaining the order of the learned Single Judge in so far as setting aside the order dated 17.4.2003, we direct the Joint Director of Education to consider the recall application dated 31.12.2001 a fresh. The Joint Director of Education shall also examine all the contentions and decide as to which is the Society entitled to conduct the election of the Committee of Management of the Institution. The said decision shall be made by the Joint Director of Education, within the period of three months from production of a certified copy of this order.
The appeal is disposed of accordingly.
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