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PUNJAB & HARYANA HIGH COURT
A.S.Nehra and R.S.Mongia JJ.
Viveka Nand Shiksha Samiti
Versus
State Of Haryana
Letter Patent Appeal No. 352 of 1992,
Decided On : JUNE 2, 1992
HARYANA PRIVATE COLLEGES (TAKING OVER OF THE MANAGEMENT) ACT, 1978 - SECTION 3(5) - ELECTION OF GOVERNING BODY - VALIDITY - PRESENCE OF NOMINEE - INTERPRETATION - COURT'S DISCRETION IN FRAMING WRITS UNDER ART. 226 - WRIT PETITION - COMPETENCY - AUTHORIZATION BY SOCIETY - HIGH COURT'S WIDE POWERS UNDER ART. 226.
Fact of the Case:
Viveka Nand Shiksha Samiti, a registered Society, runs a degree college named Viveka Nand College, Nangal Chaudhary since 1987. The Government took over the Management of the College on 27/07/1990 due to the Society's failure to reply to a show cause notice. The Society held an election for the Governing Body on 27/07/1991, with the Government's nominee present. The Government, however, extended the Administrator's term instead of handing over the Management to the newly elected Governing Body.
Finding of the Court:
The Court held that the election of the Governing Body on 27/07/1991 was valid as it was held in the presence of the Government's nominee, as per the Government's instructions. The Court also held that the Government was legally bound to hand over the Management of the College to the newly elected Governing Body under Section 3(5) of the Haryana Private Colleges (Taking Over of the Management) Act, 1978. The Court further held that the High Court has wide powers under Article 226 of the Constitution of India to frame writs to suit the exigencies of particular cases and that the writ petition was competent as the Society had authorized the President of the Governing Body to file it.
Issues: 1. Whether the election of the Governing Body on 27/07/1991 was valid despite the absence of the University's nominee? 2. Whether the Government was legally bound to hand over the Management of the College to the newly elected Governing Body? 3. Whether the High Court could frame a writ to quash the Government's orders extending the Administrator's term, even though the orders were not specifically challenged in the writ petition? 4. Whether the writ petition was competent despite being filed by the Society instead of the Managing Committee of the College?
Ratio Decidendi: 1. The Court interpreted the Government's instructions regarding the presence of nominees at the election of Governing Bodies to mean that an election held in the presence of one nominee, either from the University or the Government, would be considered valid. 2. The Court held that Section 3(5) of the Haryana Private Colleges (Taking Over of the Management) Act, 1978 mandates the Government to hand over the Management of a College to the duly constituted Managing Committee upon the expiry of the period for which the Management was taken over. 3. The Court recognized the High Court's wide powers under Article 226 of the Constitution of India to frame writs to suit the exigencies of particular cases, even if the specific orders being challenged were not mentioned in the writ petition. 4. The Court held that the writ petition was competent as the Society had authorized the President of the Governing Body to file it on its behalf.
Final Decision: The Court allowed the appeal, set aside the single Judge's judgment, and allowed the writ petition. The Court quashed the Government's orders extending the Administrator's term and directed the respondents to hand over the Management of the College along with the property to the appellant forthwith.
A.S.NEHRA and J JJ.
1. This appeal is directed against the judgement of the single Judge dt. Jan. 15, 1992 by which the writ petition filed by the appellant was dismissed. Appellant Viveka Nand Shiksha Samiti, Nangal Chaudhary (hereinafter referred to as Society) is a registered Society. Appellant-Society authorised Shri Mala Ram, president of the Governing Body of the Viveka Nand College to file the writ petition under Art. 226 of the Constitution of India for the issuance of a writ of mandamus to the respondents to hand over the Management of Viveka Nand College, Nangal Chaudhary to the newly constituted Governing Body of Viveka Nand College, Nangal Chaudhary.
2. The Society runs a degree college in the name of Viveka Nand College, Nangal Chaudhary since 1987. Election of the Governing Body of Viveka Nand College was earlier held on 3/04/1988 and the term of the Governing Body was for three years. In the month of April, 1990, Government issued a show cause notice to the Management/President of the Governing Body of the College to show cause as to why the Management be not taken over by the Government. Since no reply was submitted, Government took over the Management of the College vide letter dated 27/07/1990 and an Administrator was appointed for a period of one year and in pursuance of appointment of the Administrator, he joined on Aug. 7, 1990. The term of the Administrator expired on Aug. 6, 1991.
3. The Society decided to hold the election on 27/07/1991 and for that purpose a Returning-cum-Presiding Officer was appointed. Returning-cum-Presiding Officer wrote a letter on 13/07/1991 to the Dean, Colleges, Development Council, M.D. University, Rohtak stating that the Society has decided to hold the election of the Governing Body, that he had been appointed as Returning-cum-Presiding Officer to hold the election, and that copy of the election programme was being sent to him and the Dean was requested to send his nominee at the time of election so that the election could be held according to the programme. A copy of the letter was also sent to the Director, Higher Education, Haryana with a prayer that nominee be sent at the time of election. In pursuance of the request made by the Returning-cum-Presiding Officer, the Director, Higher Education, Haryana appointed the Principal, Government College, Narnaul as an Observer at the time of election which was to be held on 27/07/1991 at 10.00 a.m. and the Principal was directed to send his report to the effect whether the election had been held properly as per rules immediately. Election of the Governing Body was held on 27/07/1991 and the nominee of the Government informed the Director, Higher Education, Haryana that the election of the Governing Body was held at the time fixed in the programme and the election held was valid. It was further stated by the Principal that the election has been held in accordance with law and the report of the election in original was sent to the Director, Higher Education.
4. In spite of the request made by the Returning-cum-Presiding Officer to the University to send their nominees, University did not send its nominee at the time of election. Government of Haryana has issued instructions on Feb. 9, 1983 regarding the presence of the nominee at the time of election of Governing Body of Private Colleges. The instructions issued by the Government read as under :-
"From The Director Higher Education, Haryana, Chandigarh. To, All Governing Bodies of Private Colleges of the State. Memo No. 755-3/1-79-CII(2) Dated Chandigarh the 9-2-1983. Sub : Regarding the presence of the nominee at the time of election of Governing Body of Private Colleges. It has been brought in the notice of the Government that according to the instructions if the nominee of the University is not present at the time of election of the Managing Committee then the General Body has to postpone the election to some dates and due to this reason General Body has to face great diff
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