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1998 Supreme(AP) 320
Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
S.P.B.V.D.Sabha Elementary and High School rep.by its Correspondent M.D.MALLIKARJUNA - Appellant
Versus
REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, CUDDAPAH - Respondent
Decided On : 04-30-98
Headnote:
Societies Registration Act,1945 - A. P. Education Act - Section 24,24(2),24(4),90,89 - Constitution of Ibndia,1950 - Articles 19(1)(g) and 30 - Private institution has been groaning under perennial litigation over a quarter century - Challenge - Secretary of Society was being nominated as a Correspondent of School - One was Secretary at time of establishment of Society - As he did not convene meetings properly internal bickerings had cropped up within management giving rise to two groups headed by - While so one son of wrote a letter to authorities in July/august stating that he was nominated as Corespondent of school and sought for approval - Authority in turn directed that proposals should be in proper form or that he should establish his right in Court of law - While so in general body meeting in September were removed from membership - Dispute with regard to Correspondent became more controversial - An enquiry was conducted by District Educational Officer and finally Enquiry Officer issued proceedings approving Correspondent ship of one - Aggrieved by said order one filed and same was ultimately dismissed - On a complaint received with regard to irregularities committed by an enquiry was conducted and finally a show cause notice was issued as to why he should not be declared as unfit for correspondent ship to which a reply was submitted by - In meanwhile died in November and his son petitioner herein was admitted as member and was elected as Secretary-cum-Correspondent - Final order was passed by director of School Education declaring as unfit to hold post of Correspondent - Appeal filed by said was also dismissed by Government in - Consequent on dismissal of appeal respondent directed management to nominate another person as Correspondent - However filed Writ Petition challenging order passed by Government in appeal filed by him and same was also dismissed - Managing Committee of society passed resolutions nominating one petitioner herein as Secretary - Whether Respondent has filed any appeal under Section 89 of Education Act - Whether these representations or appeals can be said to have been in fact filed before Government - Held, Court hold that impugned G. O. is illegal and arbitrary and accordingly it is set aside - Situation that emerges from above order is that petitioner shall be deemed to be Correspondent of School by virtue of orders passed by respondent - Court view of unfair attitude of respondent though it is a fit case for directing his criminal prosecution for misrepresenting before Government and also before this Court feels that mulcting respondent with exemplary costs would meet ends of justice - Accordingly Writ Petition is allowed with costs to be paid by respondent to petitioner - Court view of fact that Court have already set aside and was to be validly nominated Correspondent Court do not find any illegality or irregularity in order - Accordingly W. P. is dismissed and direction given in G. O. shall be complied forthwith by concerned authorities - Writ Petition Dismissed
( 1 ) IT is unfortunate that a private institution has been groaning under perennial litigation over a quarter century, yet it is unable to extricate itself from the clutches of two rival groups operating in the management.
( 2 ) ALL the Writ Petitions can be disposed of by a common judgment. The result in W. P. No. 9961/1990 will pave the way for the disposal of the other cases. Therefore, before considering the other cases, it is necessary to decide the matter covered by W. P. No. 9961/1990.
( 3 ) THE Writ Petition is filed by one Mr. M. Ramakrishnaiah questioning the validity of the order issued by the Government in G. O. Rt. No. 1109, dated 2-7-1990 wherein the order of the 3rd respondent - District Educational Officer, cuddapah dated 24-3-1983 was set aside and the 5th respondent was directed to be appointed as Correspondent of Sri Padma Saliya Bahuttama Vidya Daana sabha High School (S. B. V. D. Sabha High School ). The facts though voluminous, only those which are relevant for the purpose of this case are narrated in a short compass.
( 4 ) THE Sabha was registered under the Societies Registration Act on 28-7-1945 and it was running a Middle School at the relevant time. Subsequently, it was upgraded to High School. The Secretary of the Society was being nominated as a Correspondent of the School. One mr. M. N. Venkataiah was the Secretary at the time of the establishment of the Society. As he did not convene meetings properly, internal bickerings had cropped up within the management giving rise to two groups headed by mr. M. N. Venkataiah and Mr. M. D. Venkataiah. While so, one mr. M. Madhavaiah son of M. D. Venkataiah wrote a letter to the authorities in July/august, 1972 stating that he was nominated as Corespondent of the school and sought for approval. The authority in turn directed that the proposals should be in the proper form or that he should establish his right in the Court of law. While so, in the general body meeting held in September, 1972 Mr. M. D. Venkataiah and Mr. M. Venkataiah were removed from the membership. The dispute with regard to the Correspondent thus became more controversial. An enquiry was conducted by the District Educational Officer (for short d. E. O. ) and finally Enquiry Officer issued proceedings on 14-10-1972 approving the Correspondentship of one Mr. M. Madhavaiah. Aggrieved by the said order, one Mr. M. N. Venkataiah filed W. P. No. 5083/1972 and the same was ultimately dismissed on 8-2-1973. On a complaint received with regard to the irregularities committed by mr. M. Madhavaiah, an enquiry was conducted and finally a show cause notice was issued on 26-3-1985 as to why he should not be declared as unfit for correspondentship, to which a reply was submitted by Mr. Madhavaiah. In the meanwhile Mr. M. N. Venkataiah died in November, 1985 and his son mr. M. Ramakrishnaiah, the petitioner herein was admitted as member and was elected as Secretary-cum-Correspondent. Final order was passed by the director of School Education on 1-5-86 declaring Mr. M. Madhavaiah as unfit to hold the post of Correspondent. Appeal filed by the said Madhavaiah was also dismissed by the Government in G. O. Rt. No. 1594, dated 27-11-1987. Consequent on the dismissal of the appeal, the 3rd respondent directed the management to nominate another person as Correspondent. However, mr. Madhavaiah filed Writ Petition No. 18979/1987 challenging the order passed by the Government in the appeal filed by him and the same was also dismissed on 20-1-1988. The Managing Committee of the society passed resolutions on 2-1-1988 nominating one Mr. M. Ramakrishnaiah the petitioner herein as Secretary. The 2nd respondent directed the 3rd respondent to verify the genuineness of the governing body which passed resolution on 2-1-1988 nominating the petitioner as Correspondent. The matter was verified from the District Registrar who confirmed that the aforesaid governing body was entered in the records. Basing on th
