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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj and others.
vs.
State of Rajasthan and others.
DATE OF ORDER: 16.11.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.S Saruparia, for the petitioners.
Mr.SS Rajpurohit, for the respondents no.2 & 3/
caveators.
——
Heard learned counsel for the petitioners and
learned counsel for the respondents no.2 and
3/caveators who have filed reply to the writ
petition also.
The petitioners no.1 to 4 – Vice President,
Treasurer, Parents’ member and Manager of Shri
Gandhi Shikshan Samiti, Gulabpura (for short
‘Samiti’) have approached this Court by filing
writ petition challenging the order dated
7.10.2009 (Annex.P/5) relating to the taking over
the charge of the Samiti and with further relief
that the respondent no.2 may be directed to
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
handover the charge of Samiti immediately to the
petitioners and also prayed for direction against
the respondents not to take any action regarding
dissolution of the management of the Samiti and
holding fresh election. The petitioners further
prayed that directions be issued against the
respondent no.3 regarding illegally taking over
the charge of the samiti. Probably, the
petitioners meant for rehanding over of the charge
only.
As per the petitioners, the samiti is a
registered society and running total 6
institutions namely, (1) Gandhi Shikshak
Mahavidhyalaya ; (2) Gandhi Kanya Mahavidhyalaya ;
(3) Shri Gandhi Sharirik Mahavidhyalaya ; (4) Shri
Gandhi Higher Secondary School ; (5) Shri Gandhi
Primary School and (6) Shri Gandhi Science and
Technical Institution. The institutions no.4 and 5
are aided institutions in which the respondent
no.1 provides 90% grant and both the institutions
are guided by the Rajasthan Non-Government
Education Institutions Act, 1989. The remaining
institutions no.1 to 3 and 6 are self financed
institutions in which the respondent no.1 – State
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
do not have any grant or any aid is being given by
the State.
The respondent no.1 issued a notice under
Section 10(1) of the Act of 1989 to the Secretary
of the respondent no.2 and directed him to redress
the grievances of the employees of aided
institutions – Shri Gandhi Higher Secondary School
and Shri Gandhi Primary School with clear
indication that otherwise the proceedings for
appointment of Administrator will be initiated.
Ultimately, the respondent no.1 appointed the
Administrator by issuing order on 6.10.2009
(Annex.P/4). The order is in relation to above two
aided institutions of the Samiti. According to the
petitioners, the Administrator in the garb of the
order dated 6.10.2009 took over charge of the
Samiti without there being any order of the State
Government and when it was complained by the
petitioner no.4 by sending letter dated 15.10.2009
(Annex.P/7), then the State Government issued
order dated 28.10.2009 (Annex.P/8) wherein
explanation was sought from the Administrator as
to how he took over charge of the Samiti and it
was directed that he should hand over charge to
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
the Samiti forthwith. According to the
petitioners, inspite of the order dated
28.10.2009, the Administrator did not hand over
the charge of the Samiti and he gave false reasons
in the letter dated 4.11.2009 (Annex.P/10).
The petitioners’ contention in additional
affidavit is that now yet another order has been
issued on 10.11.2009 purporting to recognise the
continuation of the Administrator as Administrator
of the Samiti and the said Administrator has
issued election notification for holding election
of the Samiti which is absolutely illegal.
The respondent no.2 – Administrator on behalf
of the Samiti as well as on his own behalf has
submitted reply to the writ petition and pointed
out that the writ petition deserves to be
dismissed on the ground of suppression of facts
and documents as well as relevant resolutions from
this Court and further because of misleading this
Court to believe that the respondents took over
charge of the society illegally.
Learned counsel for the respondents no.2 and 3
pointed out that on 14.8.2009, a resolution was
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
passed by all the members of the Samiti condemning
the conduct of the petitioner no.4 and the Samiti
requested for appointment of Administrator. The
charge was handed over by the Samiti in writing to
the Administrator on 7.10.2009 by specifically
saying that they are handing over charge of the
Samiti and it has been signed by the petitioners
no.1 to 3. The respondents also placed on record
other documents which are not very much relevant
for the purpose of this writ petition.
From the facts referred above and the
documents placed on record by the respondents, it
is clear that the petitioners no.1 to 3 condemned
the petitioner no.4 by taking a resolution of the
Samiti and all sought appointment of the
Administrator, then acting upon that resolution in
writing, handed over charge of the Samiti to the
Administrator, then without explaining the reason
for their joining hands with the respondent no.4
and without disclosing these resolutions and
without placing on record these documents, have
preferred this writ petition to condemn their own
resolution and act. The petitioner no.4 also for
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
the reasons best known to him could join hands
with the petitioners no.1 to 3 knowing it well
that his conduct has been condemned by the
petitioners no.1 to 3 to the extent that all the
members of the executive of the Samiti had to
resign because of the alleged conduct of the
petitioner no.4. The petitioners are, therefore,
guilty of suppression of facts and material
documents as well as guilty of misleading this
Court by projecting that the Administrator
illegally took over the charge of the Samiti in
the garb of the order of the State Government
whereas in fact, the petitioners no.1 to 3 and the
committee of the Samiti itself decided to have
Administrator for their Samiti and voluntarily
handed over charge to the Administrator. The writ
petition of the petitioners, therefore, is a clear
case of abuse of process of court.
The resolution passed by the Samiti dated
14.8.2009 neither could have been challenged by
the petitioners no.1 to 3 nor they have challenged
the handing over the charge of the Samiti to the
Administrator and it has been projected that the
Administrator has acted illegally. The petitioners
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S.B. CIVIL WRIT PETITION NO.10592/2009
Sampat Raj & Ors. Vs. State of Rajasthan & Ors.
failed to explain their conduct as there is no
pleading as to under what circumstances, the
petitioners no.1 to 3 joined the petitioner no.4
and the petitioner no.4 under what circumstances
joined the petitioners no.1 to 3. This conduct of
the petitioners disentitles them from any relief
in equitable jurisdiction and, consequently, the
writ petition of the petitioners is dismissed only
on this ground.
(PRAKASH TATIA), J.
S.Phophaliya/-