AI Structured Summary
Not yet generated for this judgment
Judgment
O. P. Jain, J.—Counter and rejoinder affidavit and the supplementary affidavit filed today may be placed on record.
Heard learned counsel for the parties. The short question which was in controversy in this case was whether Mahendra Prakash Sharma was the member of General body or not ? This matter came up before this Court on an earlier occasion and the order, Annexure ''9'' to the petition, dated 12th April, 1994 was passed. The D.I.O.S. was directed to dispose of this controversy after hearing all the concerned parties. In compliance to that direction the D.I.O.S. beard the parties on 551994 and passed the order, Annexure ''13'' dated 25th July, 1994. A perusal of Annexure ''13'' shows that Mahendra Prakash Sharma relied on a receipt bearing 314, dated 31st March, 1977 in supporter his claim that he is a life member and has deposited Rs. 1000 in 1977. The D.I.O.S. rejected the contention of Mahendra Prakash Sharma on the ground that he has not got this fact verified from the cashbook that a sum of Rs. 1000 was deposited by him on 31st March, 1977. Thereafter, the D.I.O.S. observed, in Annexure ''13'' that the institution is in a dilapidated condition and some untowards incident can take place at any time. He, therefore, recommended, in public interest, that an Authorised Controller (Prabandh Sanchalak) may be appointed by the Dy. Director of Education.
Some how the D.I.O.S. through it fit to review his own order
Therefore, for such a short period it was hardly necessary for the D.I.O.S. to give recognition to Mahendra Prakash Sharma contrary to his own earlier order. It is an admitted fact that before passing this impugned order, Annexure ''14'' no fresh hearing took place. In Annexure 14 at page 65 the D.I.O.S. has referred to the hearing dated 5th May, 1994. It is apparent that after hearing dated 551994 the order Annexure 13, dated 25th July, 1994 had been passed by the D.I.O.S. and therefore, obviously there was no fresh hearing prior to the passing of the impugned order.
In view of the above discussion, the writ petition is allowed and the impugned order Annexure ''14'' is quashed. The effect of quashing of Annexure 14 is that the earlier order of the D.I.O.S., Annexure 13 dated 25th July, 1994 is revived and in accordance with that order, the Dy. Director of Education should appoint a Prabandh Sanchalak to hold an election at an early date and, if possible, within three months.
This Court expresses no opinion as to whether Mahendra Prakash Sharma is or is not a member and whether the receipt is a genuine or forged receipt. The question of membership may be got decided by the parties in a civil suit.