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1993 Supreme(Raj) 353
High Court Of Rajasthan
Judgename : N.L. Tibrewal
Ravindra Kumar Sabu - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 4145 of 1993
Decided On : 09/23/1993
Important Points
Subject
Education Law - Educational Institutions - Management and Administration
Act Referred
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS ACT : S.2(o), S.9, S.43
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS RECOGNITION, GRANT-IN-AID AND SERVICE CONDITIONS ETC. RULES : R.23
Headnote
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS ACT, 1989 - SECTION 9, 23 - RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (RECOGNITION, GRANT-IN-AID, SERVICE CONDITIONS ETC.) RULES, 1993 - RULE 23 - MAHARASHTRA SOCIETIES REGISTRATION ACT, 1958 - WRIT PETITION - LOCUS STANDI - PRELIMINARY OBJECTIONS - MAINTAINABILITY - MANDAMUS - EDUCATIONAL INSTITUTIONS - MANAGING COMMITTEES - CONSTITUTION - FUNCTIONS - PUBLIC DUTY - ARTICLE 226 OF THE CONSTITUTION - INTERIM ORDER - FINAL ORDER.
Fact of the Case:
Shri Maheshwari Samaj, a society registered under the Rajasthan Societies Registration Act, 1958, runs three educational institutions: Shri Maheshwari Senior Higher Secondary School, Maheshwari Public School, and Shri Maheshwari Balika Vidyalaya. The institutions had separate managing committees before the Rajasthan Non-Government Educational Institutions Act, 1989, and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid, Service Conditions Etc.) Rules, 1993, came into force. The new laws required the formation of managing committees for recognized institutions. Elections for the society's executive committee and president were held in July 1993, but new managing committees for the institutions were not formed as per the Act and Rules. A dispute arose between the newly elected office bearers and the existing managing committees over who had the authority to manage the institutions. A writ petition was filed challenging the validity of the existing managing committees and seeking directions for the constitution of new committees.
Finding of the Court:
The court held that the existing managing committees ceased to exist after the new laws came into force and that the newly elected office bearers did not have the authority to manage the institutions without the constitution of new managing committees. The court also held that the petitioner, a member of the society, had locus standi to file the writ petition and that the petition was maintainable under Article 226 of the Constitution. The court further held that a mandamus could be issued to the respondents to ensure the constitution of managing committees in accordance with the Act and Rules.
Issues: 1. Whether the existing managing committees of the educational institutions continued to exist after the enactment of the Rajasthan Non-Government Educational Institutions Act, 1989, and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid, Service Conditions Etc.) Rules, 1993? 2. Whether the newly elected office bearers of the society had the authority to manage the institutions without the constitution of new managing committees? 3. Whether the petitioner had locus standi to file the writ petition? 4. Whether the petition was maintainable under Article 226 of the Constitution? 5. Whether a mandamus could be issued to the respondents to ensure the constitution of managing committees in accordance with the Act and Rules?
Ratio Decidendi: 1. The Rajasthan Non-Government Educational Institutions Act, 1989, and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid, Service Conditions Etc.) Rules, 1993, required the formation of managing committees for recognized institutions. The existing managing committees of the educational institutions ceased to exist after the new laws came into force. 2. The newly elected office bearers of the society did not have the authority to manage the institutions without the constitution of new managing committees. 3. The petitioner, a member of the society, had locus standi to file the writ petition as he had a sufficient interest in the proper functioning of the educational institutions. 4. The petition was maintainable under Article 226 of the Constitution as the matter involved the enforcement of statutory duties and public interest. 5. A mandamus could be issued to the respondents to ensure the constitution of managing committees in accordance with the Act and Rules.
Final Decision: The court issued a mandamus directing the respondents to constitute managing committees for the educational institutions in accordance with the Rajasthan Non-Government Educational Institutions Act, 1989, and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid, Service Conditions Etc.) Rules, 1993.
Appearance :
Ghanshyam Das Mundra, R.P. Garg and C.K. Garg, for the Appellant
A.K. Sharma, S.K. Keshote and H.N. Bhandari, for the Respondents
N.L. Tibrewal, J.-Final arguments were heard on request of learned Counsel for the parties in view of the urgency in the case. I wished the present litigation had been avoided and the members of ‘Maheshwari Samaj’ could resolve their misunderstandings/disputes by themselves in a spirit of cooperation, co-ordination and respect for each other. It appears that last elections of ‘Shri Maheswari Samaj’ (hereinafter referred to as ‘the Samaj’ or ‘the Society’), left bitterness in the members, as it often takes place when elections are fought with unwanted zeal and enthusiasm to exhibit supremacy in the Community. My anxiety and worry is for three educational institutions which are being run by the Society. Non-co-operation and feeling of hatred in members of the Society may adversely affect proper working and functioning of the educational institutions, which have earned high reputation and goodwill and cater the need of about 6,000 students, which itself is commendable. I hope and trust that members of ‘Shri Maheswari Samaj’ which is taken to be an enlightened society, will try to forget the scars/wounds of the last elections. Like past, they will rise to the occasion and in a spirit of respect and affection for each other, shall work together for betterment of the Community and the educational-institutions.
2. Shri Maheshwari Samaj is a Society registered under the Rajasthan Societies Registration Act, 1958, in the year 1960. The Society was established with lofty ideals and objectives as declared by its Memorandum of Association. The object of the Society has been stated as under:-
Þbl laLFkk dk mís; ekgsojh leqnk; dks méfr ds fufeÙk lsok,a] lg;kxs] laxBu ,oa lq/kkj dk;Z djuk gksxk ftlls mér ekgsojh tu leqx nsrk
nk; Hkkjrh; jk"Vª dks lg;ksrk gqvk lkoZtfud dY;k.k dk;Z easHkkx ysjgsAß
Thus, the very existence of the ‘Society’ is for service, co-operation, unity and to work for development of its members. As per reply of respondent No. 3, Shri Kanhaiya Lal Sarda, the total number of members of ‘Maheshwari Samaj’ in Jaipur, is 15000, out of which 8000 persons are members of the ‘Society’. As per Rules of the Society, the Executive Committee manages all affairs of the Society. It is constituted for two years and consists of 51 members. The pleadings of the parties reveal that last elections of the Society had taken place in July 4, 1993, and the election of office bearers was held on July 17. Then, there is an Education Committee of the Society, which consists of eleven members to be nominated by its Executive Committee. Though, the Education Committee is separately registered, yet it is a part of the parent Society, i.e. ‘Shri Maheshwari Samaj’.
3. BeforeRajasthan Non-Government Educational Institution Act, 1989 (for short ‘the Act’) and Rajasthan Non-Government Educational Institutions (Recognition Grant-in-aid, Service Conditions Etc.) Rules, 1993 (for short ‘the Rules’), came into force on 1-1-93, and 1-4-1993, respectively, the Grant-in-Aid Rules, 1963, were in force. Appendix I of the Rules provided formation of a Managing Committee/Governing Council for an institution run by a Society. It is an admitted case before me that all the three Educational Institutions run by the Society were having their separate Managing-Committee/Governing Council vested with an authority to manage and conduct the affairs of the institution. Admittedly, new Managing Committees have not been constituted as per the Act and the Rules, which provide a procedure for constitution of a Managing-Committee. The old Managing Committees were functioning when last election of the members of Executive Committee of the Society took place on July 4, 1993, or the election of the office bearers took place on July 17. After the elections in July, 1993, a tug of war appears to have started in two factions of the Society. The attempt of newly elected office bearers is to assume or take charge of the management of the Educational-Institutions even without
