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Reserved on 22nd January, 2010
Delivered on 1st February, 2010
Court No.39
Civil Misc. Writ Petition No.2833 of 2010
C/M, Janta Adarsh Inter College, Meerut
Vs.
State of U.P. & Ors.
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Counsel for the petitioner :- Sri N.L. Pandey
Counsel for the respondents :- Standing Counsel
Hon'ble Dilip Gupta, J.
The Committee of Management of Janta Adarsh Inter College,
Kapsar, District Meerut (hereinafter referred to as the ‘Institution’) through
its Manager has filed this petition for setting aside the order dated 23 rd
December, 2009 passed by the Joint Director of Education, Meerut as also
the Government Order dated 4th August, 2003. The petitioner has also
sought a direction upon the respondents to permit the petitioner-Committee
of Management to continue upto 21st October, 2013.
It is stated in the petition that the Institution is recognised under the
provisions of the U.P. Intermediate Education Act, 1921 and receives grant
in aid from the State Government. It has its own Scheme of Administration
for managing the affairs of the Institution. Clause 8 of the Scheme of
Administration provides that the term of the Committee of Management
shall be three years but the office bearer shall continue for further period of
one month but if within a period of three years and one month, newly
elected Committee of Management does not take charge, then the term of
the existing Committee of Management shall automatically come to an end
and a Prabandh Sanchalak to be nominated by the Joint Director of
Education who shall have the powers of the Committee of Management.
It is also stated that the Committee of Management in its meetings
held on 6th June, 2004, 16th January, 2009 and the General Body in its
meetings held on 16th June, 2004 and 13th February, 2009 resolved to
amend various Clauses of the Scheme of Administration including Clause 8
which provides for term of the term of the Committee of Management of
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the Institution by extending it from three years to five years. The Joint
Director of Education by his letter dated 23rd December, 2009 approved the
amendments, but the amendment made in Clause 8 has been made
operative for the Committee of Management elected subsequent to the
resolution and will not apply to the tenure of the existing Committee of
Management. The Joint Director of Education has passed an order on the
basis of the communication dated 4th August, 2003 sent by the Director of
Education (Madhyamik) U.P. Lucknow.
Sri N.L. Pandey, learned counsel for the petitioner submitted that the
Government Order dated 4th August, 2003 in so far as it imposes a
restriction that any amendment relating to the term of the Committee of
Management will be applicable for the elections held subsequently and not
for the existing Committee of Management deserves to be set aside as any
amendment in the Scheme of Administration of the Institution comes into
effect immediately. In support of this contention he has placed reliance
upon a Division Bench Judge of this Court in Committee of Management
of M.M. I. Inter College, Nehtour, District Bijnor Vs. Deputy Director
of Education and Ors., (1995) 1 UPLBEC 162 and an interim order
passed by this Court on 29th September, 2003 in Writ Petition No.44650 of
2003 (C/M, Kakori Shahid Intermediate College, Jalalabad Vs. State of
U.P. & Ors.). He, therefore, submits that reliance placed by the Deputy
Director of Education on the said Government Order while granting
approval to the amendments made in the Scheme of Administration of the
Institution by the order dated 23rd December, 2009 is not justified and the
term of the present Committee of Management should be taken as five
years instead of three years and one month and the Committee of
Management should be allowed to continue upto 2013.
Learned Standing Counsel appearing for the respondents has,
however, submitted that there is no infirmity in the restriction imposed in
the Government Order dated 4th August, 2003 that any amendment made in
the term of the Committee of Management should be made applicable only
for the Committee of Management subsequently elected.
I have carefully considered the submissions advanced by the learned
counsel for the parties.
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Challenge is to the communication dated 4th August, 2003 sent by
the Director of Education, Lucknow to all the Joint Directors of Education
regarding the approval to be granted to the amendments made in the term
of the Committee of Management. The letter clarifies that approval to such
amendments in the term of the Committee of Management shall be made
operative only for the subsequent elections of the Committee of
Management and not for the existing Committee of Management.
This issue was considered by a Division Bench of this Court in
Committee of Management, Arya Kanya Inter College, Bulandshahar
& Anr. Vs. State of U.P. & Ors., 2008 (10) ADJ 398 (DB) and the Court
upheld the validity of the directions contained in the communication dated
4th August, 2003. It was observed :-
“Challenging the judgment and order of the
Hon’ble Single Judge, learned counsel for the appellant
contends that the power to make amendments in the
scheme of administration has been conferred under
Section 16-A (5) of the U.P. Intermediate Education
Act, 1921 (hereinafter referred to as the Act, 1921).
Such amendments in the scheme of administration take
effect from the date the amendments are approved by
the Director of Education. The petitioner’s Committee
of Management which was elected in the year 2005 had
proposed amendments in the scheme of administration,
whereby the term of the elected Committee of
Management has been changed from 3 years to 5 years
during subsistence to its 3 years term. The amendments
have infact been approved during the same period.
However, the Regional Joint Director of Education has
incorporated a totally unwarranted condition in the
order of approval that such amendment in the scheme of
administration (qua extension of the term) would take
effect only in respect of the Committee of Management,
which is elected subsequent to the approval of the
amendments. It is contended that the letter of the
Director of Education, U.P. at Allahabad dated 4th
August, 2003 which provided that such amendments
extending the term of the Committee of
Management from 3 years to 5 years would take
effect only in respect of the Committee of
Management, which is elected subsequent to the date
of approval of the amendments, is in excess to his
statutory powers under Section 16-A(5). It is
submitted that the Director of Education has no
authority under the provisions of Act, 1921, to control
the manner in which the amendments are to take effect.
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…………….
The Regional Joint Director of Education by
means of the order dated 3rd September, 2007 approved
the amendments so proposed in the scheme of
administration with the condition that the said extension
of the term of the Committee of Management would be
applicable only in respect of the elections, which will
take place subsequent to the amendments so approved.
Reference in the letter has been made to the letters of
the Director of Education, U.P. at Allahabad dated 30th
March, 1998 and dated 4th August, 2003, wherein it has
been provided that amendments in the scheme of
administration for the purposes of extension of the term
of the Committee of Management, if approved, shall
take effect only in respect of the Committee of
Management, elections whereof are held subsequent to
the date of resolution of the Committee of Management
proposing the amendments in the scheme of
administration.
…………..
We, therefore, arrive at a conclusion that the
Director of Education, while approving the
amendments in the scheme of administration, is
entitled to impose fair and just conditions. It is
within his competence to provide that if any existing
Committee of Management seeks amendments in the
clause provided for the term of the elected office
bearers (in the facts of the present case 3 years to 5
years), then while approving such amendments in
the scheme of administration, it is always open to the
Director of Education to provide that such extension
of term (3 years to 5 years) would be applicable only
in respect of the Committee of Management, which
is elected subsequent to the date of resolution of the
Committee of Management proposing amendment.
Such condition imposed by the Director of Education
cannot be said to be arbitrary or unfair. The condition so
imposed would be within his statutory competence and
within the framework of the power as conferred by
Section 16-A(5) of 1921 Act.
………….
Even otherwise, we feel that it is appropriate
and it is fitness of things that the Committee of
Management, which is elected in accordance with
the provisions of the scheme of administration must
be permitted to continue only for the term, which
was applicable at the time of the elections. The
extension of the term so provided by seeking permission
of its own term and by suggesting amendments in the
scheme of administration cannot be approved of by this
Court and therefore, we have little hesitation to hold
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that the provision as contained in the circular/letter
of the Director dated 4th August, 2003 as also in the
condition imposed in the order of the Regional Joint
Director of Education dated 3rd September, 2007,
while approving the amendments in the scheme of
administration with the extended term applicable
only in respect of Committee of Management, which
are elected subsequent to the date of the approval
order, is fair and just. Such orders do not warrant any
interference in equitable jurisdiction under Article 226
of the Constitution of India.
The judgments relied upon by the learned counsel
for the parties do not have any application in view of
the circular of the Director. Therefore, it is not
necessary for this Court to refer to any of the aforesaid
judgments relied upon by the parties. The amendments
incorporated in the scheme of administration qua
extension of the term of the elected Committee of
Management has to be approved of along with condition
as provided for under the circular/order of the Director
of Education dated 4th August, 2003.”
(emphasis supplied)
The judgment rendered in M.M.I. Inter College (supra) was
considered by the Division Bench in the aforesaid judgment in Committee
of Management (supra) and it was observed that it has no application in
view of the Circular dated 4th August, 2003. It needs to be pointed out that
in M.M.I. Inter College (supra) the term of the Committee of Management,
according to the Scheme of Administration, was to continue till the newly
Committee of Management is elected. The Scheme of Administration was
amended in 1989 to bring it in conformity with the provisions of the U.P.
Intermediate Education Act, 1921. Since the Scheme of Administration
was amended to bring it in conformity with the Act, the contention that the
amendment in the term of the Committee of Management will apply to the
subsequent elections and not to the existing Committee of Management
was repelled and it was held that the amendments will apply with
immediate effect.
Learned counsel for the petitioner has, however, placed reliance
upon a judgment of a learned Judge of this Court in Committee of
Management, Bhartiya Adarsh Inter College, Gautam Budh Nagar Vs.
State of U.P. & Ors, reported in 2005 (2) ESC 964 in support of his
contention that the amendments come into effect immediately. This
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judgment in the case of Committee of Management, Bhartiya Adarsh Inter
College (supra) is not only contrary to the Division Bench judgment of this
Court in Committee of Management, Arya Kanya Inter College,
Bulandshahr (supra) but has also been explained by another learned Judge
of this Court in Committee of Management, Devraha Baba Inter
College, Deoria & Anr. Vs. Regional Joint Director of Education, 7 th
Region, Gorakhpur & Ors., reported in 2005 (4) ESC 2692.
The contention of learned counsel for the petitioner, therefore,
cannot be accepted.
There is, therefore, no merit in the petition. It is, accordingly,
dismissed.
Date:-01.02.2010
SK/-