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Court No. - 39 Case :- WRIT - C No. - 44794 of 2010 Petitioner :- C/M Swami Leela Shah Adarsh Sindhi And Others Respondent :- State Of U.P. Thr. Secr. Sec. Edu. U.P. And Others Petitioner Counsel :- G.K.Singh,Bheem Singh Respondent Counsel :- C.S.C.,K.P.Shukla Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 11th
June, 2010 passed by the District Inspector of Schools, Agra by
which he has approved the decision of the Committee of
Management of the Institution taken in the meeting held on 23rd
February, 2010 for appointment of Girdhari Lal Bhagtyani as
President and Harish Lala as the Manager of the Committee of
Management of the Institution for the remaining tenure.
It is stated in the petition that the last elections of the Committee of
Management of the Institution were held on 4th February, 2007 in
which Ashok Katariya was elected as the Manager. The term of
the Committee of Management of the Institution is four years but
prior to the expiry of the aforesaid term, Ashok Katariya submitted
his resignation from the post of Manager on 15th February, 2010.
The President of the Committee of Management of the Institution
fixed an emergent meeting of the Committee of Management of
the Institution for 20th February, 2010 for consideration of the said
resignation, but the Principal of the Institution notified that the said
meeting shall be held on 23rd February, 2010. On the said date, the
President and the Auditor also submitted their resignations and the
members wanted to hold elections for the posts of Manager,
President and Auditor for the remaining tenure. The petitioner
objected and walked out the meeting and subsequently Girdhari
Lal Bhagtyani and Harish Lala were elected as the President and
the Manager respectively for the remaining tenure of the
Committee of Management.
The petitioner then represented before the District Inspector of
Schools that fresh elections could not have been held on 23rd
February, 2010 since no agenda had been circulated for the said
purpose but the District Inspector of Schools has approved the
decision taken by the Committee of Management on 23rd
February, 2010 since the casual vacancies were required to be
filled-up.
Learned Standing Counsel appears for respondent nos.1, 2 and 3
while Sri K.P. Shukla appears for respondent no.5. Learned
counsel for the petitioners prays for and is permitted to delete the
name of respondent no.4 from the array of respondents. Learned
counsel for the respondents state that it is not necessary to file a
counter affidavit and the petition may be disposed of at this stage.
The dispute has arisen on account of the resignation submitted by
the Manager of the Committee of Management of the Institution
on 15th February, 2010. It cannot be disputed that this casual
vacancy is required to be filled-up in accordance with the
provisions of the Scheme of Administration of the Institution.
The petitioners have questioned the manner in which this vacancy
has been filled-up. It is the submission of the learned counsel for
the petitioners that in the absence of any agenda for filling-up such
a casual vacancy, it was just not possible for the Committee of
Management of the Institution to have filled-up not only the said
casual vacancy for the post of Manager but also for the post of
President in the meeting held on 23rd February, 2010.
Sri Shukla, learned counsel appearing for respondent no.5 states
that in such circumstances, instead of remanding the matter to the
District Inspector of Schools for a fresh consideration, a direction
may be issued to the Committee of Management of the Institution
to hold a fresh meeting in accordance with the provisions of the
Scheme of Administration of the Institution for filling-up the
resultant casual vacancy on the post of Manager.
In view of the aforesaid, the order dated 11th June, 2010 passed by
the District Inspector of Schools is set aside. It shall, however, be
open to the Committee of Management of the Institution to fill-up
the casual vacancy on the post of Manager because of the
resignation of Ashok Katariya in accordance with the provisions of
the Scheme of Administration of the Institution.
The writ petition is allowed to the extent indicated above.
Order Date :- 3.8.2010
GS