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IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
COMMITTEE OF MANAGEMENT, LAL BAHADUR SHASTRI SMARAK DEGREE COLLEGE, - Appellant
Versus
GORAKHPUR UNIVERSITY - Respondents
C. M. W. P. 30378 Of 1998
Decided On : 02/22/1999
U.P. STATE UNIVERSITIES ACT, 1973 - SECTION 2(13) - BYE-LAWS - TERM OF COMMITTEE OF MANAGEMENT - INTERPRETATION - NATURAL JUSTICE - WRIT PETITION - MAINTAINABILITY - ALTERNATIVE REMEDY.
Fact of the Case:
The dispute arose due to conflicting interpretations of the term of the Committee of Management of L.B.S. College, Maharajganj. The petitioners claimed a three-year term based on the bye-laws, while the respondents asserted a one-year term based on observations made in a previous writ petition. The Vice-Chancellor's impugned order, issued without a hearing, recognized the one-year term, leading to the filing of the present writ petition.
Finding of the Court:
1. The Allahabad High Court held that the writ petition was maintainable despite the availability of an alternative remedy under Section 68 of the U.P. State Universities Act, 1973, considering the exceptional circumstances and the need to interpret the Court's own order in the previous writ petition. 2. The Court interpreted the relevant bye-laws and found that the term of the Committee of Management of L.B.S. College was indeed three years, as per Clause 8(y) of the bye-laws. 3. The Court held that the observations made in the previous writ petition, which formed the basis for the impugned order, were made due to a misconception of facts and were not binding on the present case. 4. The Court emphasized the importance of natural justice principles and found that the impugned order was issued without affording an opportunity of hearing to the petitioners, violating their rights.
Issues: 1. Whether the writ petition was maintainable in light of the alternative remedy provided under Section 68 of the U.P. State Universities Act, 1973. 2. The interpretation of the term of the Committee of Management of L.B.S. College, whether it was three years or one year. 3. The validity of the impugned order issued by the Vice-Chancellor without a hearing, in violation of the principles of natural justice.
Ratio Decidendi: 1. The Court held that the bar of alternative remedy is not an absolute bar and can be lifted in exceptional circumstances, such as when the authority against whom the writ is filed had no jurisdiction or had purported to usurp jurisdiction without any legal foundation. 2. The Court interpreted the relevant bye-laws and found that the term of the Committee of Management of L.B.S. College was indeed three years, as per Clause 8(y) of the bye-laws. It held that the observations made in the previous writ petition, which formed the basis for the impugned order, were made due to a misconception of facts and were not binding on the present case. 3. The Court emphasized the importance of natural justice principles and found that the impugned order was issued without affording an opportunity of hearing to the petitioners, violating their rights.
Final Decision: The Allahabad High Court allowed the writ petition, quashed the impugned order issued by the Vice-Chancellor, and declared that the term of the Committee of Management of L.B.S. College was three years, as per the bye-laws. The Committee elected on 21.7.1996 was to continue functioning till 20.7.1999.
O. P. GARG, J.
( 1 ) THERE is a Jawahar Lal Nehru Memorial Society, Maharajganj, which is a society registered under the Societies Registration Act under the aegis of which two Post Graduate Colleges, viz. , jawahar Lal Nehru Smarak Post Graduate College, Maharajganj (for short j. L. N. College), and lal Bahadur Shastri Smarak Degree College. Anand Nagar, Maharajganj (for short l. B. S. College) are being run. Both these institutions have separate bye-laws for constitution of committee of management their governance and management. These institutions are affiliated to gorakhpur University and are governed by the provisions of U. P. State Universities Act, 1973 (hereinafter referred to as the Act of 1973) and the first Statute of the University.
( 2 ) THE short and die-hard question raised in this writ petition is whether the term of the committee of Management of L. B. S. College is for a period of three years or only one year. This controversy has been raised in the wake of following facts : the last elections to constitute the Committee of Management of L. B. S. College were held on 21. 7. 1996 and Dr. Balram Bhatt--Petitioner No. 2 is alleged to have been elected as its president/manager. The relevant papers with regard to the said elections were submitted to the vice-chancellor, Gorakhpur University for grant of recognition under the provisions of Section 2 (13) of the Act of 1973. who accorded recognition which fact was communicated to the petitioners by letter dated 10/12. 9. 1996. Annexure-2 to the writ petition. In the said letter, it was clearly mentioned that the term of the Committee of Management of which" Dr. Balram bhatt--Petitioner No. 2 is the President/manager shall be three years. Accordingly, the petitioners Committee of Management continued to manage the affairs of L. B. S. College. Surprisingly a letter dated 9. 9. 1998, Annexure-4 to the writ petition was sent by the Registrar of the University to the petitioners intimating them that on scrutiny of the papers, it was found that in view of the decision dated 23. 11. 1988 passed by this Court in Civil Misc. Writ Petition No. 843 of 1988, the term of the Committee of Management of L. B. S. College is only one year, and consequently tenure of the Committee of Management elected on 21. 7. 1996 has already come to an end. The grievance of the petitioners is that the aforesaid impugned order dated 9. 9. 1998 has the effect of illegally curtailing the period of term of the Committee of Management from 3 years to one year though according to the provisions made in clause 8 y the term of the Committee of Management is 3 years and the committee elected on 21. 7. 1996 has to function up to 20. 7. 1999. It is alleged that Sri Ramesh Chandra Misra, the present Vice-Chancellor of the gorakhpur University is a person, who is in the fold of Amarnath Misra and Narsingh Narain pandey, rival parties with whom long drawn litigation with petitioner No. 2 is going on and at their behest, the Vice-Chancellor has passed the impugned illegal order. The background in which certain observations with regard to the term of one year of the Committee of Management came to be made in the order dated 23. 11. 1988 passed in Civil Misc. Writ Petition No. 843 of 1988 have been narrated and the case of the petitioners is that it was on account of misconception of facts that it was observed in the decision of the aforesaid writ petition that the parties have admitted that the term of the Committee of Management of both the colleges was one year.
( 3 ) THE petitioners have heavily relied upon the admission made by Amarnath Mishra, the contesting respondent in the earlier cases that the term of the Committee of Management of l. B. S. College is 3 years. Accordingly, by means of this writ petition, under Article 226 of the constitution of India, it is prayed that the impugned order dated 9. 9. 1998. Annexure-4 to the writ petition. Issued by Gorakhpur University be quashed and the respondents be
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