Pt. Jawahar Lal Nehru Inter College and Another vs The State of U.P. and Others

Amreshwar Pratap Sahi, J.—Heard Sri R.K. Ojha learned Counsel for the Petitioners and Sri P.N. Saxena learned Senior Counsel for the Respondent No. 6 and the learned Standing Counsel for the Respondent Nos. 1 to 5.

The dispute relates to the holding of the elections of the Committee of Management of Pt. Jawahar Lal Nehru Inter College, Jaitpur, District Gorakhpur. The matter had earlier engaged the attention of this Court in Writ Petition No. 21348 of 2007 where it was held that the dispute of membership had not been decided in accordance with law and the order passed on 13th April, 2007 by the Joint Director of Education was set aside with a direction to him to decide the dispute in the light of the observations made therein. The judgment dated 10th July, 2009 is Annexure 10 to the writ petition.

The parties went up in appeal against the said judgment and the Division Bench while maintaining the said judgment modified the same to the extent that it shall be open to the parties to raise their objections regarding membership before the Joint Director of Education himself who shall examine the same and decide the controversy after giving an appropriate opportunity of hearing. Further directions were also given with regard to the management of the Institution with which the dispute is not presently concerned with.

As a consequence of the judgment of this Court dated 10th July, 2009 and by the Division Bench dated 13th July, 2009 the Joint Director of Education appears to have proceeded to decide the dispute under the impugned order dated 5th December, 2009. It is this order which has given rise to the present writ petition.

On the strength of the aforesaid order the elections were duly notified and were scheduled to be held accordingly.

The writ petition was entertained and an order was passed on 17th December, 2009 staying the operation of the order dated 5th December, 2009. The interim order dated 17.12.2010 was set aside in appeal on 9.2.2010. Afresh interim order was passed on 23rd February 2010 directing that no fresh elections shall be held pursuant to the order dated 5th December, 2009.

Affidavits have been exchanged between the contesting parties and after the matter was heard learned Standing Counsel contends that it is not necessary to file any counter affidavit at this stage. Accordingly under the Rules of the Court the matter is being disposed of finally with the consent of parties.

A perusal of the impugned order demonstrates that the Joint Director of Education has proceeded to assume that since there was no provision under the scheme of administration for presenting the list of membership alongwith the same, therefore the list as relied upon by the Petitioners which was allegedly submitted along with the scheme of administration is not a valid list. The Joint Director of Education further proceeded to accept that list which was allegedly tendered at the instance of Sri Pardesi, the then Manager of the Institution in the year 1996, and has issued a direction to hold elections by recording his conclusions that it will be appropriate to hold elections only in accordance with the said list.

Sri R.K. Ojha learned Counsel for the Petitioner submits that there is absolutely no decision of the validity of the membership of such members whose names appear in the list that had been relied upon by the Petitioners.

On the other hand Sri P.N. Saxena learned Senior Counsel contends that the said members were never enrolled. As a matter of fact it was a fake list which had been relied on and had no basis. He further submits that throughout the contention on behalf of the Respondents was that such a list was never in existence. He therefore contends that the Joint Direction of Education has rightly come to the conclusion that no reliance can be placed on such a list.

Sri R.K. Ojha in rejoinder has submitted that if that be the argument, then no such finding has been recorded in respect of the list allegedly relied upon by the Respondents and said to have been furnished through Sri Pardesi. Thus, it is submitted that the list relied upon by the Respondents also does not have any basis and there is no finding by the Joint Director of Education on the said issue.

Having assessed the submissions so made, the Joint Director of Education has only recorded his conclusions without giving any reasons in support of the said conclusions as to why the list submitted by the Petitioners was invalid and as to why such persons who are mentioned in the said list were never enrolled as valid members.

The Joint Director of Education in terms of the judgment earlier rendered by this Court and affirmed in the appeal was under an obligation to have recorded a finding as to whether the members as relied upon by the Petitioners or the Respondents were ever validly enrolled or not. This exercise ought to have been taken keeping in view the procedure prescribed for such enrollment. The Joint Director of Education in the opinion of the Court has avoided recording any finding and has conveniently recorded his conclusions without applying his mind to the aforesaid aspect of the matter. In such a situation the order dated 5th December, 2009 is unsustainable and is hereby quashed. The mere presentation of the list along with the scheme of administration does not ipso facto render the membership of the persons mentioned therein to be invalid.

The writ petition is allowed with a direction to the Joint Director of Education, Allahabad Region, Allahabad to decide the dispute relating to the membership as per directions of this Court and record a positive finding about their enrollment or otherwise in accordance with the rules and only thereafter issue directions for holding of elections.

The aforesaid exercise shall be conducted as expeditiously as possible but not later than three months from today.

The writ petition is disposed of.