Back
IN THE HIGH COURT OF ALLAHABAD
V. K. KHANNA, G. P. MATHUR
COMMITTEE OF MANAGEMENT, A.V.INTER COLLEGE, SHAMSABAD - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, FARRUKHABAD - Respondents
S. A. 681 Of 1993
Decided On : 03/30/1994
INTERMEDIATE EDUCATION ACT - SECTION 16A(7) - MANAGEMENT DISPUTE - RESOLUTION - CIVIL COURT JURISDICTION - AUTHORISED CONTROLLER APPOINTMENT: 1. The dispute regarding the management of an educational institution cannot be effectively resolved through a summary enquiry by the Deputy Director of Education under Section 16A(7) of the U.P. Intermediate Education Act, as it involves complex issues that require detailed examination and adjudication by a civil court. 2. The Deputy Director of Education's role is limited to determining who is in actual control of the institution's affairs, and this determination is subject to the decision of a competent civil court. 3. In cases where the management dispute affects the smooth administration of the institution, the State Government can appoint an Authorised Controller to perform the duties and functions of the committee of management until the dispute is resolved by the civil court.
Fact of the Case:
The case involved a dispute over the management of an educational institution, with two rival groups claiming control. The DIOS had attested the signatures of different individuals as managers on multiple occasions, leading to confusion and disruption in the institution's administration. The parties had filed numerous writ petitions challenging these orders and seeking various reliefs.
Finding of the Court:
The court held that the management dispute could not be properly resolved through a summary enquiry by the Deputy Director of Education under Section 16A(7) of the Act. The issues were complex and required detailed examination and adjudication by a civil court. The court also noted that the Deputy Director of Education's decision was subject to the decision of a competent civil court.
Issues: 1. Whether the management dispute could be effectively resolved through a summary enquiry by the Deputy Director of Education under Section 16A(7) of the Act. 2. Whether the Deputy Director of Education could determine the validity or otherwise of the election of the committee of management. 3. Whether the State Government could appoint an Authorised Controller to manage the institution in case of a dispute affecting its smooth administration.
Ratio Decidendi: 1. The court relied on the limited scope of the Deputy Director of Education's enquiry under Section 16A(7) of the Act, which was confined to determining who was in actual control of the institution's affairs. 2. The court also referred to the provision in Section 16A(7) that the Deputy Director of Education's decision was subject to the decision of a competent civil court. 3. The court further noted that Section 16D(3)(iii) of the Act empowered the State Government to appoint an Authorised Controller in cases where a management dispute affected the smooth administration of the institution.
Final Decision: The court quashed the various orders passed by the DIOS in the writ petitions and directed the parties to get their right of management decided by the Civil Court. The court also appointed the District Magistrate as the Authorised Controller of the institution to perform the duties and functions of the committee of management until the dispute was resolved by the civil court.
( 1 ) THE dispute raised in the six Special Appeals is inter-connected and therefore, they are being disposed of by a common order after hearing learned counsel for the parties at the admission stage.
( 2 ) WRIT Petition No. 19516 of 1991 has been filed by (1) Committee of Management A. V. Inter College (hereinafter referred to as the Institution) Shamsabad district, Farrukhabad through its Manager Mohd. Fazil Khan and (2) Mohd. Fazil Khan against (1) District Inspector of Schools (hereinafter referred to as the DIOS), Farrukhabad and (2) Abdul Aziz Khan praying that the attestation of signature of respondent No. 2 made by the respondent No. 1 on 5-7-1991 may be quashed and the respondents may be restrained from interfering with the functioning of petitioner Nos. 1 and 2 as the Committee of Management and Manager respectively of the Institution. The writ petition was allowed by learned single Judge on 24-9-1993 and the order dated 5-7-1991 was quashed and it was further directed that petitioner No. 2 shall continue to function as Manager of the Committee of Management of the Institution till fresh election is held or till some alternate arrangement is made under the Scheme of Administration by the Dy. Director of Education (hereinafter referred to as DDE) concerned. Special Appeal No. 681 has been filed by (1) Committee of Management of the Institution through its Manager Abdul Aziz Khan and (2) Abdul Aziz Khan against the aforesaid order.
( 3 ) WRIT Petition No. 27995 of 1991 has been filed by (1) Committee of Management of the instituion through its Manager Abdul Aziz Khan and (2) Abdul Aziz Khan against (1) DIOS (2) S. K. Singh, Officiating DIOS and (3) Mohd. Fazil Khan for quashing the order dated 26-9-1991 by which the signature of respondent No. 3 had been attested by respondent No. 1 on the basis of Stay order dated 19-7-1991 passed by High Court in writ Petition No. 19516/91. The writ petition was dismissed on 24-9-1993 Special Appeal No. 685 of 1993 has been filed against this judgment order of the learned single Judge by (1) Committee of Management through its Manager Abdul Aziz Khan and (2) Abdul Aziz Khan impleading the DIOS, Officiating DIOS, Account Officer and Mohd. Fazil Khan as respondents Nos. 1 to 4 respectively.
( 4 ) WRIT Petition No. 28307 of 1993 has been filed by (1) Committee of Management of the institution through its Manager Rajendra Singh Gangwar and (2) Rajendra Singh Gangwar against (1) D. D. E. (2) DIOS (3) Accounts Officer and (4) Abdul Aziz Khan for quashing of the attestation of signature of respondent No. 4 by the order dated 19-5-1993 and for a direction commanding the respondents not to interfere in the functioning and Management of the institution. The writ petition was allowed by the judgment and order dated 27-9-1993 and the impugned order dated 19-5-1993 was quashed and the DIOS was directed to refer the proceedings of the elections held on 5-4-1993 and 20-4-1993 to the D. D. E. for decision in accordance with the provisions of Section 16a (7) of U. P. Intermediate Education Act (hereinafter referred to as the Act ). Special Appeal No. 688/93 has been filed against the aforesaid judgment and order of the learned single Judge by (1) Committee of Management of the insititution through its Manager Abdul Aziz Khan and (2) Abdul Aziz Khan impleading D. D. E. , DIOS, Accounts Officer, the Committee of Management of the institution through its Manager Rajendra Singh Gangwar and Rajendra Singh Gangwar as respondents Nos. 1 to 5.
( 5 ) WRIT Petition No. 23574 of 1993 has been filed by (1) Committee of Management of the Institution and (2) Rajendra Singh Gangwar against (1) D. D. E. (2) DIOS. and (3) Abdul Aziz Khan for a writ of mandamus to the DIOS to refer the matter to the D. D. E. under Section 16a (7) of the Act. The writ petition was dismissed as not pressed on 27-9-1993 in view of the judgment given in W. P. No. 28307 / 93 and it was further directed that until a decisio
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
