IN THE HIGH COURT OF GAUHATI (SHILLONG BENCH)
Tinlianthang Vaiphei, J.
Shri Farid Ahmed - Appellants
Vs.
Managing Committee of Islamia Secondary School and Others - Respondent
Misc. Case No. (SH) 432 of 2011 in W.P. (C) No. (SH) 322 of 2011
Decided On: 17.02.2012
Constitution of India - Involving a common question of law - Application for impleadment - Order for directing the State-respondents to allow the outgoing Managing Committee to continue to function - School was founded by the Muslim community for imparting affordable and quality education to their wards and also to the students of other communities. However onwards, when respondent No. 2 took over as the Secretary of the Managing Committee of the school, there has been deterioration in the quality of the education imparted to the students as well as in the management of the school; the building of the school is now in a dilapidated condition and has virtually turned into a junkyard whereas the fund of the school and the grants-in-aid received from the Government from time to time have been misused. In spite of all this, the writ petitioner No. 2, without following the procedure for election by guardians and teachers of the school and without following the procedure for reconstitution of the Managing Committee of the school, had successively managed to get his own proposal submitted for reconstitution of the Managing Committee for three consecutive terms and obtained the approval of the State Government to such proposals by means of misinformation and by misleading the State Government and has been clinging on to the post of the Secretary of the Managing Committee of the school till now by virtue of such manipulations. The Managing Committee was last re-constituted by the concerned Inspector of Schools for a period of three years – Held, It is also made clear by the Apex Court therein that the fact that a person is likely to secure a right/interest in a suit property, after the suit is decided against the plaintiff, will not make such person a necessary party or a proper party to the suit for specific performance. In the instant case, the writ petition, for which impleadment as a party-respondent has been sought for, is directed against the inaction/refusal on the part of the jurisdictional Inspector of Schools to approve the re-constituted Managing Committee of the school. The applicants are not seeking any relief against the writ petitioners. Neither is this a case where in presence of the applicants is necessary for effectual and complete adjudication of the questions involved in the writ petition. It must be remembered that the instant case is not public interest litigation, but a private interest litigation prosecuted by the writ petitioners against the State-respondents: the concept of locus standi applicable to public interest litigation cannot be imported into this ordinary/normal writ petition filed by private individual for redressal of their private grievances. There is, therefore, no merit in this application for impleadment of the applicants in the connected writ petition. For the reasons stated in the foregoing, all the three Misc. Cases are liable to be rejected, which I hereby do. However, the parties are directed to bear their respective costs - Petition dismissed.
T. Vaiphei, J.
1. This batch of three miscellaneous applications, involving a common question of law, were heard together and are now being disposed of by a common order. The question of law involved is, whether the three applicants are necessary or proper parties in the connected writ petition. Before proceeding further, I may straightaway note that the writ petition was filed by the writ petitioners before this Court for issuing a direction upon the State-respondents for approving the recommendation of the outgoing Managing Committee of Islamia Secondary School, Shillong ("the school" for short) for reconstitution of the Managing Committee of the school for the period 2011-2014; the writ petition is now pending for disposal. The writ petitioners therein also filed an application being Misc. Case No. 402(SH) of 2011 for issuing an interim order for directing the State-respondents to allow the outgoing Managing Committee to continue to function as such till a new Managing Committee is reconstituted. this Court by the order dated 30-11-2011 called upon the parties impleaded therein to file their show cause/written objection on 19-12-2011 and allow the outgoing Managing Committee to continue to look after the affairs of the school till the next returnable date. The case of the applicants in Misc. Case No. 428(SH) of 2011 is that they belong to Muslim community in Shillong and that the son of the applicant No. 1, namely, Master Aman Nongrum, is a student of Class V in the school, while the applicant No. 2 is vitally interested in the smooth management of the school in the interest of Muslim community and both the applicants are, therefore, necessary parties in the connected writ petition and should accordingly be impleaded as the party-respondents in the writ petition.
2. According to the applicants, the school was founded by the Muslim community in the year 1922 for imparting affordable and quality education to their wards and also to the students of other communities. However, from the year 2002 onwards, when the respondent No. 2 took over as the Secretary of the Managing Committee of the school, there has been deterioration in the quality of the education imparted to the students as well as in the management of the school; the building of the school is now in a dilapidated condition and has virtually turned into a junkyard whereas the fund of the school and the grants-in-aid received from the Government from time to time have been misused. In spite of all this, the writ petitioner No. 2, without following the procedure for election by guardians and teachers of the school and without following the procedure for reconstitution of the Managing Committee of the school, had successively managed to get his own proposal submitted for reconstitution of the Managing Committee for three consecutive terms and obtained the approval of the State Government to such proposals by means of misinformation and by misleading the State Government and has been clinging on to the post of the Secretary of the Managing Committee of the school till now by virtue of such manipulations. The Managing Committee was last re-constituted by the concerned Inspector of Schools on 10-12-2008 for a period of three years i.e. till 30-11-2014. The continued and perpetual re-constitution of the Managing Committee of the school on the basis of the own proposals of the writ petitioner No. 2 heretofore is in contravention of the rules governing Government Aided High and Middle School. As the guardian and parent of the said student of the school and as members of the Muslim community in Shillong, both the applicants are vitally interested in the smooth and efficient running of the school and any order passed by this Court in the connected writ petition will seriously affect their wards and, as such, they are necessary parties in the writ petition by the writ petitioners.
3. In Misc. Case No. 429(SH) of 2011, the case of the applicant is that it is a social organiza
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