R. B. Mebrotra, J. - (1.) BY means of the present writ petition under Article 226 of the Constitution of India, the -petitioner has challenged mainly the order passed by the District Inspector of Schools, dated 4-8-1990 whereby the District Inspector of Schools has directed that the Management of the institution may be handed over to the committee of Management of which Sri Sheo Shanker Singh Yadav is the manager for the purposes of managing the institution, for purposes of dealing with the Department.
(2.) WHEN the writ petition was placed before me at the admission stage, the contesting respondents were present as caveator and the matter has been finally heard at the admission stage with the consent of the parties. Sri Sankatha Raj appearing for the petitioner vehemently contented that the impugned order passed by the District inspector of Schools is without jurisdiction and has been passed without affording any opportunity to the petitioner who is continued to manage the institution, as such the order is liable to be set aside. The counsel for the respondents Sri A. N. Singh on the other hand contended that the District Inspector of Schools has passed the order for efficient administration and runinng the institution as the institution was lying closed, the interest of the institution and the education required passing of the impugned order as such this Court should not interfere with the order in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India. It was also contended on behalf of the respondents that there is a specific finding of the civil court holding that the petitioner is not even an ordinary member of the society and as such is not competent to become the manager, besides that, several other authorities have also held that the petitioner is not the ordinary member of the society, as such at the instance of such a petition, this Court should not interfere with the order passed by the District Inspector of Schools which has been passed for safeguarding the interest of the institution and education. In large number of institutions in this State a chronic disease has crept in where two rival committes of management are lighting each other for getting the control of the management committee. The fact remains that every pie of the expense of these recognised Intermediate Education Institutions is borne either by the State Government or the same is managed by the fee received by the students. The Management has hardly any contribution, in the financial aspect of the matter. This chronic litigation between the two rival committees of management mostly result in hamering the efficient working of the institution, and mostly the cause of the students, education and teachers suffer due to this fight amongst two rival committees of management which hardly contribute anything towards the advancement of the education or any financial assistance to these institutions. The situation requires some consideration at the level of the State Government as to how this chronic problem prevailing in the State of Uttar Pradesh should be solved. More unfortunate part is that due to this chronic litigation in large number of institutions, this Court is burdened with large number of writ petitions passed by the educational authorities deciding the disputes between the two committees of management as against these orders, no regular appeal is provided and the order passed by the Deputy Director of Education for deciding the effective control of the management in exercise of his power under section 16-A (7) of the U. P. Intermediate Education Act, 1921 is final for the purposes of the Act and all such orders connected with the disputes of the educational institutions are being challenged directly in this Court, under Article 226/227 of the Constitution of India. It is suggested that the State Government should consider some legislative measure for providing the establishment of an independent tribunal so that the disputes in respect of the educational institutions can be effectively solved.
(3.) THE present case itself is an illustration to demonstrate that the vice of litigation in educational institution has eaten the vitals of the institution itself, the only contribution of the Management today in most of the institutions is that the institutions and the teachers are being used by rival factions of the management for serving their personal ends, and the biggest sufferer in the situation is the student belonging to ordinary class of citizens who cannot afford to teach their wards in English Convents. A dispute in respect of the present institution arose as far back as in the year 1972 and an Authorised Controller was appointed under section 16-D (4) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The said order of appointing the Authorised Controller was revoked as far back as on 8-7-1974 and Sri Sheo Shanker Singh Yadav, the respondent, was handed over the charge of the office of the manager of the institution. Immediately on handing over the charge, a protest was made, that Sri Sheo Shanker Singh Yadav has been illegally handed over the charge of the institution as Manager, on 2-9-1979, the Regional Deputy Director of Education, V Region, again appointed an Authorised Controller, under section 6 (3) of the U. P. High School and Intermediate College (Payment of Salaries to teacher and other employees) Act, 1971 (hereinafter payment of salaries Act). An appeal against the said order was filed under section 7 of the said Act which appeal has not been decided. In the meantime, Sri Sheo Shanker Singh Yadav also filed a writ petition in the High Court but the said writ petition has abated on the ground that an alternative remedy to file an appeal before the Director of Education is available. On 26-2-1978, the Regional Deputy Director, V Region, Varanasi passed an order in favour of Sri Sheo Shanker Singh Yadav behind the back of Sri Raja Ram Pandey, who was claiming himself to be the duly elected manager of the institution. Lateron the said order appointing the Authorised Controller was revoked and it was directed that charge should be given to Sri Sheo Shanker Singh Yadav, respondent no 4. Sri Raja Ram Pandey filed a writ petition in this Court to challange the order of the Deputy Director of Education, V Region, dated 26-2-1978 and the order of the State Government, dated 8-7-1974. The said writ petition was dismissed on the ground that the committee of Management has an alternative remedy to file a regular suit. Consequent thereto, the then Committee of Management filed a regular Civil suit. The trial Court, vide its judgment, dated 12-9-1984 decreed the suit and directed Sri Sheo Shanker Singh Yadav to handover the management of the institution to the plaintiff, namely, the Committee of Management of which Sri Raja Ram Pandey claimed himself to be the manager. Aggrieved by the aforesaid judgment of the learned Munsif Ghazipur, dated 12-9-1984, Sri Sheo Shanker Singh Yadav filed an appeal. The II Addl. District Judge, Ghazipur, vide his judgment, dated 4-1-1988 allowed the appeal and held that defendant no. 1, namely, Sri Sheo Shanker Singh Yadav as Manager shall hold the election of the Managing Committee and the society, within three months strictly, and if needed, under the supervision of a supervisor appointed by the court. It was further directed that the election shall be held according to the scheme of Administration and bye-laws of the institution duly registered and approved by the Director after serving notice according to the rules to all members of the general body.;