COMMITTEE OF MANAGEMENT NEHRU VIDHYAPEETH INTER COLLEGE RAWATIPUR DISTRICT-GHAZIPUR Vs. STATE OF U P
LAWS(ALL)-2009-5-58
HIGH COURT OF ALLAHABAD
Decided on May 26,2009

COMMITTEE OF MANAGEMENT, NEHRU VIDHYAPEETH INTER COLLEGE, RAWATIPUR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.P.Mehrotra, J. - (1.)IT appears that by the Order dated 12.5.2005 (Annexure-4 to the Writ Petition) passed in Civil Misc. Writ Petition No. 36701 of 2005, this Court, interalia, directed as follows: "..............In view of the order passed by this court in Second Appeal No. 800 of 1988 whereby fresh elections of the Committee of Management have been stayed none of the parties could have held fresh elections. The court is of the opinion that the position as was prevailing on the date the High Court had passed interim order dated 31.3.1988 in Second Appeal No. 800/88 shall continue as such with regard to management of the institution. IT is ordered accordingly." IT further appears that a Contempt Petition being Civil Misc. Contempt Petition No. 2623 of 2005, was filed on the ground of non-compliance of the Order dated 12.5.2005. In the said Contempt Petition, the Court passed the following Order dated 23.8.2006 (at Page 43 of the Paper-Book of the Writ Petition): "Heard learned counsel for the applicant and Sri B.K. Singh Reghuvanshi for the opposite party no.1. From a perusal of the affidavit, which has been exchanged between the parties, it appears that the case of the applicant is that the opposite party no. 1 has not given any specific reply as to who was actually functioning as the Manager of the Institution on 31.3.1988. The allegation of the applicant is on the strength of the documents brought on record that it was the authorized controller, who was functioning on 31.3.1988. Since there is no specific averment to that effect in the affidavit of the District Inspector of Schools, the District Inspector of Schools is directed to file a supplementary counter affidavit clearly stating the status of the Management as on 31.3.1988 in view of the facts stated herein above. List on 7.9.2006." Pursuant to the said Order dated 23.8.2006, a supplementary affidavit was filed by the District Inspector of Schools, wherein the District Inspector of Schools, interalia, stated as under (Pages 46 and 47 of the Paper-Book of the Writ Petition): "............. And it is submitted that as per order passed by Learned second A.D.J. Ghazipur, in Appeal No. 199 of 1984 dated 18.2.1988, one Sri Ram Manager S.D.M. Sadar, Ghazipur was appointed as Supervisor for election and by subsequent Order dated 1.3.1988 by the Learned A.D.J. the Sri Shiv Shanker Singh was marked and was admitted as Manager of the Institution. And the Order dated 21.1.1988 of D.I.O.S., Ghazipur and schedule of election dated 17.2.1988 are also much clear that at that time Sri Shiv Shanker Singh was in functioning as Manager of the Institution...................." In view of the said Order dated 12.5.2005 passed in Civil Misc. Writ Petition No. 36701 of 2005, the Joint Director of Eduction, Varanasi Mandal, Varanasi issued a Communication dated 5.5.2008 to the District Inspector of Schools, Ghazipur, copy whereof has been filed as Annexure-6 to the Writ Petition. The relevant portion of the said Order dated 5.5.2008 is as under: ".......ekuuh; mPp U;k;ky; us vius vkns'k esa LiIV #i ls fnukad 31&3&88 dh fLFkfr dk;e djus gsrq vkns'k fn;s gSa A vki rRdky vfHkys[kh; o fo|ky; ij LFkyh; tkap dj lqfu'pr gks ysaa fd fnukad 31&3&1988 dks fo|ky; esa izcU/k lapkyd dk;Zjr Fks A mDr fLFkfr esa iz/kkukpk;Z jktdh; flVh b.Vj dkyst xkthiqj dks rRdky izcU/k lapkyd dk izHkkj lkSaius dh dk;Zokgh lqfuf'pr dj oLrq fLFkfr ds lEcU/k esa eq>s voxr djk;asA" Against the said Order dated 5.5.2008, a Writ Petition being Civil Misc. Writ Petition No. 26524 of 2008 was filed before this Court. In the said Writ Petition, this Court passed an Order on 30th May 2008 (Annexure-7 to the Writ Petition), the relevant portion whereof is quoted below: "....................Learned counsel for the petitioners states that earlier Contempt Petition No. 263 of 2005 was filed for alleged violation of the interim order dated 12.5.2005 passed in Writ Petition No. 36701 of 2005 in which a detailed affidavit of the District Inspector of Schools, Ghazipur was filed mentioning that Shri Shiv Shankar was functioning as the Manager of the Institution before the appointment of the Authorized Controller. These facts have been denied by learned counsel appearing for the respondent. IT is for the D.I.O.S to make an inquiry in the matter and pass an appropriate order. However, prima facie the Joint Director of Education could not have passed an order that the District Inspector of Schools should take immediate steps of appointment of Authorized Controller. This part of the order shall, therefore, remain stayed till the next date of listing.................." Thus, by the above Order dated 30.5.2008, the District Inspector of Schools was required to hold inquiry as to whether Sri Shiv Shankar Singh had been functioning as the Manager of the Institution before the appointment of the Authorized Controller. The above order, however, stayed the said direction given by the Joint Director of Education to the District Inspector of Schools for taking immediate steps for appointment of Authorized Controller. IT appears that by the Communication dated 7.10.2008 (Annexure-10 to the Writ Petition), the District Inspector of Schools sent certain papers to the Joint Director of Education, Varanasi Region, Varanasi for deciding the question as to whether Shiv Shankar Singh had been functioning as the Manager on 31st March 1988. IT further appears that the District Inspector of Schools, subsequently by the Impugned Order dated 11.2.2009 (Annexure-11 to the Writ Petition) appointed the Authorized Controller in the Institution relying upon certain salary-register enclosed with the letter of the Joint Director of Education, Varanasi Region, Varanasi. The said Order dated 11.2.2009 was subsequently modified by the Order dated 1.5.2009 passed by the District Inspector of Schools, copy whereof has been filed with the Amendment Application on behalf of the petitioner as proposed Annexure-12 to the Writ Petition. IT is submitted by Sri Ashok Khare, learned Senior Counsel assisted by Sri B.K. Singh Raghuvanshi, learned counsel for the petitioner that the impugned Order dated 11.2.2009 was passed without giving any opportunity of hearing to the petitioner. IT is submitted that the inquiry as directed by the Order dated 30.5.2008 clearly contemplated that the inquiry would be held after giving an opportunity of hearing to the petitioner. IT is further submitted that the District Inspector of Schools in its supplementary affidavit filed in the contempt proceedings had admitted that Shiv Shankar Singh (petitioner) was functioning as the Manager on 31st March 1988, and in the circumstances, an opportunity ought to have been given to the petitioner to place its version before any decision could be taken by the District Inspector of Schools. The impugned Order dated 11.2.2009, it is submitted, was passed in clear violation of the principles of natural justice. In view of the submissions made by the learned counsel for the parties, the matter requires consideration. Learned Standing Counsel appearing for the respondents prays for and is granted three weeks' time for filing counter affidavit. Rejoinder affidavit may be filed by the next date fixed in the matter. Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case, and having considered the submissions made by the learned counsel for the parties, particularly in view of the submission that no opportunity of hearing was given to the petitioner, it is directed that the operation of the Order dated 11.2.2009 (Annexure-11 to the Writ Petition) as modified by the Order dated 1.5.2009 (filed with the Amendment Application on behalf of the petitioner as proposed Annexure-12 to the Writ Petition) will remain stayed till the next date of listing. List this case on 20th July 2009. The case is released from assignment. IT will not be treated as tied-up or part-heard with me, and will be listed before the appropriate Bench.


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