- (1.) JANARDAN Sahai, J. Writ Petition No. 52580 of 2003 has been filed by the committee of management of the Hafiz Mohammad Ibrahim Inter college through Izlal Ahmad as its Manager. The petitioners have sought quashing of the order dated 26-7-2003 of the District Inspector of Schools refusing to recognize the meeting about the inclusion of 23 members who according to the petitioners were validly enrolled members of the general body.
(2.) THE last elections of the committee of management were held in the year 2000 in which the committee of management with Abdul Samad as its President and Izlal Ahmad as Manager was constituted. Paragraph 7 of the scheme of administration relates to the enrolment of members. This provision was amended and the amendment was approved by the Joint Director of Education on 23-1- 2003. THE power of enrolment of members is conferred upon the committee of management but it is provided that if the committee decides not to enrol any member, the matter has to be placed before the general body, which shall take a decision either accepting the decision of the committee refusing to enrol the members or disapproving the decision and in the latter case the general body may enrol them as members. Under the unamended provision of the scheme of administration there was a right to appeal against the decision of the general body to the District Inspector of Schools which has been omitted by the amendment It appears that Abdul Samad the President of the committee who was going on Hajj had written a letter dated 13-1-2003 to the District Inspector of Schools making reference of this fact and intimating the District Inspector of Schools that in his absence the Vice President would exercise only such powers as were mentioned in the letter. This delegation did not include the power to convene or to preside over a meeting to enrol new members. According to the petitioners the letter sent by the President was wholly incompetent and the President had no right to limit the powers of the Vice President under the scheme of administration. Paragraph 17 (2) (Kha) of the scheme of administration provides that in the absence of the President, his functions shall be performed by the Vice President. Clause (kha) authorises the President to delegate any of his powers to the Vice President, meeting dated 2-3-2003 of the general body was held in which resolution was passed that the letter dated 13-1-2003 sent by the President to the District Inspector of Schools limiting the power of the Vice President was against the provisions of the scheme administration. Under the scheme of administration in the absence of the President, the Vice President is empowered to exercise and perform the function of President. The general body authorised the Vice President to perform the functions of the President who was absent having gone for Hajj. A meeting was held on 9-3-2003 and resolution was passed by the committee of management accepting the membership of 23 persons. The District Inspector of Schools by his impugned letter dated 26-7-2003 however has found the resolution of the committee of management dated 9-3-2003 and of the general body dated 2-3-2003 as invalid on the ground that the meetings were held against the provisions of paragraph 17 (2) (kha) of the scheme of administration as the Vice President had no authority to hold the meeting of the general body or of the committee of management to consider enrolment of new members. The petitioners have also challenged the order of the Joint Director of Education dated 3-11- 2003 by which he had directed that the matter regarding enrolment of members be placed before the general body. Subsequently an amendment was made in the order dated 3-11-2003 by the Joint Director of Education by order dated 15-11-2003 which has also been challenged by amendment in the writ petition. A counter-affidavit has been filed in the writ petition by respondent No. 4 Abdul Samad, the President of the committee of management. The stand in the counter-affidavit is that the meetings dated 2-3- 2003 of the general body and 9-3-2003 of the committee of management were illegal and could not have been convened in the absence of the President and were also illegal as they were not presided over by him. According to respondent No. 4 only three specific powers had been delegated by him to the Vice President in the absence of the President who was going for Hajj.
(3.) PARAGRAPH 17 (2) (Ka) of the scheme of administration however authorises the Vice President to perform the functions of the President in the absence of President. There appears to be no provision under the scheme of administration by which the President could limit the powers of the Vice President under para 17 (2) (Ka) of the scheme during the period of his absence. The provisions of para 17 (2) (kha) of the scheme of administration which relate the delegation of specific power to the Vice President are meant to apply in a situation different from that covered under the clause 17 (2) (ka ). While the provisions of clause 17 (2) (ka) provide for exercise of powers at a point of time when the President is absent, para 17 (2) (Kha) applies even when he is present. That apart paragraph 7 of the scheme of administration by which the power of appeal was conferred upon the District Inspector of Schools has since been modified and the provision for appeal has been omitted. In the circumstances the order of the District Inspector of Schools appears to be without jurisdiction and is liable to be quashed. The requirement in paragraph 7 of the scheme to place the matter regarding enrolment of members in a meeting of the General Body is envisaged only in the case of refusal by the committee of management to enrol members. There is no requirement to place the matter before the general body if the committee has decided to accept the membership but the Joint Director has so directed. Accordingly the petition is allowed. The order of the District Inspector of Schools dated 26-7-2003 and of the Joint Director impugned are quashed. It would be open to the respondents to seek a declaration in a civil suit about the status of the newly enrolled members. Petition allowed. .;