Committee of Management of V.V. Inter College and Another vs State of U.P. and Others

Dilip Gupta, J.—The Committee of Management of V.V. Inter College, Shamli, District Muzaffar Nagar and Sanjay Kumar Sangal claiming to be its Manager have filed this petition for setting aside the order dated 25th September, 2009 passed by the District Inspector of Schools u/s 5(1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the ''Act'').

It is stated that the Society "Vaish College, Shamli", which is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ''1860 Act''), runs two Colleges namely V.V. Inter College, Shamli (hereinafter referred to as the ''Institution'') and V.V. Post Graduate College, Shamli. The dispute in the present petition is about the Committee of Management of the Intermediate Institution. This Institution has an approved Scheme of Administration. It was amended in 1983. Under Clause 7 of the amended Scheme of Administration of the Institution, the term of office bearers and members of the Committee of Management is three years but the office bearers can continue for one month after the expiry of the term. However, if the new Committee of Management does not take charge within this extended period of one month, then the term of the Committee of Management shall automatically come to an end and the Deputy Director of Education shall appoint an Authorised Controller to hold the election so that charge is given to the newly elected Committee of Management at the earliest. It is further provided that if more than one Committee claims to have been elected, then the matter shall be referred to the Deputy Director of Education whose decision shall be final.

The petitioner-Committee of Management claims to have held election of the Committee of Management of the Institution on 4th January, 2009 in which Sanjay Kumar Sangal was elected as the Manager. The respondent-Committee of Management, however, claims to have held election of the Committee of Management of the Institution on 5th December, 2008 in which Virendra Kumar Jain was elected as the Manger. The matter was referred to the Regional Level Committee, which in its decision taken on 30th May, 2009, approved the election of the petitioner-Committee of Management held on 4th January, 2009 and thereafter the District Inspector of Schools by the order dated 9th June, 2009 attested the signatures of petitioner No. 2 Sanjay Kumar Sangal as the Manager.

This decision of the Regional Level Committee taken on 30th May, 2009 was assailed by the Committee of Management with Virendra Kumar Jain as the Manager in Writ Petition No. 29831 of 2009. The Court while entertaining the writ petition granted an interim order on 29th June, 2009 staying the operation of the decision taken on 30th May, 2009 by the Regional Level Committee. It is pursuant to the aforesaid order that the District Inspector of Schools passed the order on 25th September, 2009 for single operation of the account of the Institution u/s 5(1) of the Act.

Sri P.S. Baghel, learned Senior Counsel appearing for the petitioners submitted that the impugned order deserves to be set aside as no opportunity was granted to the petitioner-Committee of Management before passing the order.

Learned Standing Counsel, however, submitted that the term of the earlier Committee of Management elected in 2006 has come to an end and since the decision taken by the Regional Level Committee on 30th May, 2009 granting approval to the petitioner-Committee of Management has been stayed by this Court on 29th June, 2009, the District Inspector of Schools was justified in passing the order for single operation of the account.

I have considered the submissions advanced by the learned Counsel for the parties.

It is not in dispute that the term of the earlier Committee of Management elected in February, 2006 has come to an end. As the period of three years and one month has expired, the office bearers of the earlier Committee of Management cannot continue. The decision of the Regional Level Committee granting approval to the petitioner-Committee of Management elected on 4th January, 2009 was initially stayed by this Court on 29th June, 2009 but by order of date, the decision has been set aside with a direction to the Regional Level Committee to take a fresh decision within six weeks.

It is no doubt true that opportunity is required to be given to the Committee of Management before passing an order of single operation of the salary account of the Institution and no opportunity was given in the present but at the time it has to be kept in mind that the order dated 25th September, 2009 passed by the District Inspector of Schools has continued to operate and the Regional Level Committee has been directed to take a fresh decision within six weeks pursuant to the directions of date issued by this Court in Writ Petition No. 29831 of 2009.

In such circumstances, it will not be desirable to bring any change in the procedure of the payment of salary to the staff of the Institution which at present is made by single operation. The District Inspector of Schools shall pass a fresh order in accordance with law after the Regional Level Committee takes a decision with regard to the election of the Committee of Management of the Institution.

The writ petition is, accordingly, dismissed.