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Judgment
R.H. Zaidi, J.—Civil Misc. Writ Petition No. 3427 of 1990 was filed by the Petitioner, committee of management of Sri Hanumat Sanskrit Vidyalaya, Varanasi, challenging the validity of the orders dated 17.1.1990 and 2.2.1990 passed by the Deputy Director of Education, V Region, Varanasi, suspending the grant-in-aid of Sri Hanumat Sanskrit Vidyalaya, Varanasi (hereinafter referred to as the college) and permitting the District Inspector of Schools to withdraw the amount of grant-in-aid and to disburse the salaries to the members of the staff of the institution. The aforesaid cases were heard on 10.10.1995 and after hearing the learned Counsel for the parties, I have dictated the operative portion of the judgment in the court, reasons for the said order were directed to follow. Now I proceed to state reasons for the aforesaid order dated 10.10.1995.
The college is a Sanskrit Vidyalaya recognised under the provisions of U.P. Intermediate Education Act (hereinafter referred to as the Act), which are applicable to the same. The management of the college is vested in the committee of management which is constituted under the provisions of duly approved scheme of administration. The election of the office-bearers and members of the committee of management was held in the year 1984 in which Swami Hanuman Das was elected as the President and Shri Langoor Das Lallan Dwivedi as the manager of the committee of management. The said committee of management functioned smoothly and on expiry of its term, the dispute arose between two rival committees, one claimed election on 8.11.1987 and other on 8.1.1989, the dispute was referred to the Deputy Director of Education, who by means of his order dated 1.12.1989. Discarded both aforesaid elections and directed the committee of management, which was elected in the year 1984, to continue. The said committee was also asked to hold the election of office bearers and members in accordance with law. In pursuance of the order dated 1.12.1989, the signatures of the manager of the committee elected in the year 1989 were attested, the said committee, according to the Petitioners, took steps for holding the elections. In the meanwhile, one Shri Narendra Tiwari, the Principal of the college and Shri Mahendra Pandey, the Assistant Teacher were also suspended. The Petitioners have sought guidance from the Deputy Director of Education with regard to the payment of salary of the aforesaid suspended Principal and Assistant Teacher, who were under suspension. In the meanwhile, the Respondent No. 2 issued a notice under paragraph 314 of the Education Code, which was duly replied by the Petitioners. Respondent No. 2, thereafter, passed the impugned orders on the basis of fresh charges about which the Petitioners were never afforded an opportunity to explain, whereby the grant-in-aid of the college was suspended and the accounts of the college were placed under single operation and the District Inspector of Schools was permitted to disburse the salary of the teaching and non-teaching members of the staff of the college. It is also relevant to state that, in the meanwhile, the aforesaid Principal and the Assistant Teacher were dismissed from service after following the procedure prescribed under the law and the papers were submitted before the Vice-Chancellor of Sampoornanand Sanskrit Vidyalaya, Varanasi, seeking approval of the dismissal of the aforesaid Principal arid Teacher. Since the Vice-Chancellor failed to pass any order on the papers submitted by the committee of management, the committee was obliged to file Civil Misc. Writ Petition No. 34793 of 1993 for a writ, order or direction In the nature of mandamus directing the Vice-Chancellor to decide and pass suitable orders considering the resolution dated 17.12.1989, dismissing the aforesaid teachers from services.
I have heard learned Counsel for the parties and perused the record of the case.
Learned Counsel for the Petitioner has vehemently urged that the impugned orders were passed by the Deputy Director of Education without affording an opportunity of being heard to the Petitioner and passed the order on the grounds which were non-existent and about which the Petitioners were not afforded an opportunity to explain. It was also submitted that the Deputy Director of Education had no jurisdiction to suspend the grant-in-aid permanently and to permit the District Inspector of Schools to operate the accounts and disburse the salaries of the members of the staff of the college single-handedly. It was also urged that it was obligatory upon the Vice-Chancellor, Sampoornanand Sanskrit Vidyalaya, Varanasi to which the college is affiliated to take decisions on the papers relating to the dismissal of the Principal and the Assistant Teacher named above. The Vice-Chancellor has illegally failed to exercise the Jurisdiction vested in him. He was, therefore, liable to be directed to decide the matter in accordance with law.
On the other hand, learned Counsel for the contesting Respondent has contended that the orders passed by Respondent No. 2 were quite legal and do not suffer from any infirmity. He urged that since the Petitioners have failed to make the payment of salary of the Principal and Assistant Teacher, named above, the Deputy Director of Education was legally Justified in suspending the grant-in-aid and in permitting the District Inspector of Schools to disburse the salary.
It would not be out of place to state that on an application moved by Shri Narendra Tiwari, Principal and four other teachers were impleaded as Respondents in Writ Petition No. 3427 of 1990. Learned Counsel appearing on their behalf submitted that the Petitioners have filed another Writ Petition No. 5506 of 1990, which was dismissed by this Hon''ble Court on 29.4.1993. Therefore, the present petition was also liable to be dismissed.
I have considered the rival contentions made by the learned Counsel for the parties. It is well-settled in law that the orders of single operation cannot be passed without affording an opportunity of hearing to the management of the college. A reference in this regard may be made to the decision in Committee of Management v. The District Inspector of Schools and Ors. 1980 UPLBEC 93, wherein it was held as under:
In the nature of proceedings contemplated by Section 5 of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, the order which may be passed directing single operation is not an order which may require detailed reasons as such. What is required Is that the order be passed after due application of mind and after giving opportunity to the management to have its say on the matter.
In the present case, an opportunity with respect to the charges/grounds enumerated in the Impugned order, on the basis of which the said order was passed, was not afforded to the Petitioner and the impugned order was passed by Respondent No. 2. The said orders were passed in violation of principles of natural Justice, and were bad in law. Further, there was no Justification for Respondent No. 2 to suspend the grant-in-aid of the college. The Impugned orders are, thus, liable to be set aside.
I have perused the order dated 29.4.1993 passed by the Hon''ble A.P. Singh. J. dismissing the Writ Petition No. 5506 of 1990. Committee of Management of Shri Hanumat Sanskrit Vidyalaya v. State and Ors. The said writ petition was dismissed on the ground of pendency of the present petition, it was held that successive petitions on the basis of same cause of action were not maintainable. The dismissal of the said petition, therefore, does not affect the maintainability of the present petition.
From the material on record, it is apparent that Shri Nerendra Tiwari and Shri Mahendra Pandey, the Principal and the Teacher have been working in the institution, the matter of their dismissal from service is pending disposal before the Vice-Chancellor. In my opinion, they are entitled to their salary till the matter of dismissal of their services is finalised by the Vice-Chancellor.
The Writ Petition No. 3427 of 1990 succeeds and is allowed. The impugned orders dated 17.1.1990 and 2.2.1992 are quashed. The Respondents are directed not to interfere in the peaceful functioning of the Petitioner as committee of the management of the college. However, the Petitioners are directed to hold the election of the office bearers and members of the committee of management within a period of three months from today after following the procedure prescribed under law, if the same has not yet been held. Petitioners are also directed to make the payment of salary of Shri Narendra Tiwari and Shri Mahendra Pandey, the Principal and the Assistant Teacher within a period of one month from today.
The Writ Petition No. 34793 of 1993 also succeeds and is allowed. The Vice-Chancellor of Sampoornanand Sanskrit Vidyalaya, Varanasi is directed to take decision on the papers submitted by the Petitioners within a period of one month from the date a certified copy of this order is produced before him. However, it will be open to the contesting Respondent in the said writ petition to raise all such objections as they are advised to raise In support of their claim before the Vice Chancellor. There will be no order as to costs.