- (1.) This intra court appeal filed by the petitioner-appellant under the Rules of Court is directed against the order dated 24.8.2015 passed by learned single Judge.
(2.) The dispute between the parties has chequered history. However, shorn of unnecessary details, the facts relevant for the purposes of this appeal are as under : Khalsa Inter College is a Sikh Minority Institution within the meaning of Article 30 of the Constitution of India and is run by a registered society in the name of "Sikh Vidya Sabha". The institution is duly recognized and on the list of grant-in-aid and is governed by U.P. Intermediate Education Act, 1921 and U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and other employees) Act, 1971. Last election of the committee of management of the institution was held in 2009, which is stated to have been approved by the Regional Level Committee on 07.02.2011, in pursuance whereof the signature of the second appellant was attested as Manager on 09.02.2011. According to the appellant, the term of the committee of management is till 2016. The order of the Regional Level Committee dated 07.02.2011 according approval to the election of the committee of management and attestation of signatures of appellant no. 2 were challenged by the rival group by filing writ petition no. 9457 of 2011 (Dr. Mahendra Pratap Singh and others vs. State of U.P. and others) and writ petition no. 10701 of 2011 (Harvinder Singh and others vs. State of U.P. and others). Both the writ petitions were dismissed vide judgment and order dated 30.05.2015. The said order was challenged by filing Special Appeal No. 611 of 2015 and 612 of 2015, which have been dismissed for non-prosecution vide order dated 06.07.2015. During the currency of the terms of the appellant's committee of management, a resolution was passed by the general body of the institution dated 06.11.2011 and 31.01.2012 for amendment in clause (6), 9(3) and clause 4(2 & 3) of the Scheme of Administration. The said resolution for amendment in the scheme of administration was approved by the Joint Director of Education, 12 Region, Moradabad on 16.04.2012 and thereafter, necessary amendment in the Scheme of Administration was duly incorporated. The order dated 16.04.2012 passed by Joint Director of Education, 12 Region, Moradabad was challenged by some of the life members of the General Body in Civil Misc. Writ Petition No. 17172 of 2013, which was dismissed by judgment and order dated 22.03.2013 leaving it open to convene another meeting of the General Body to seek reversal of the amendments. Accordingly, a meeting of the General Body is alleged to have been convened on 07.07.2013 at the instance of the members of the General Body, who were petitioners in Civil Misc. Writ Petition No. 17172 of 2013. The General Body again approved the amendment in the scheme of administration resolved by the General Body in its meeting dated 6.11.2011 and 31.01.2012. Thereafter, Joint Director of Education, 12 Region, Moradabad passed another order dated 20.11.2014 disapproving the the meeting and the resolution of the General Body meeting dated 6.11.2011 and 31.1.2012 and recalled the earlier order dated 16.04.2012 according approval. The appellant herein challenged the order dated 20.11.2014 by filing Civil Misc. Writ Petition No. 6443 of 2014 and this Court passed an interim order dated 01.12.2014 keeping in abeyance the order dated 20.11.2014 passed by the Joint Director of Education, 12 Region, Moradabad. In the meantime, it appears that some dispute arose between the parties on account of expulsion of 34 life members from the General Body. According to the case set up by the petitioner herein is that vide unanimous decision of the General Body in its meeting dated 06.11.2011, 34 life members of the General Body were removed on account of their involvement in serious irregularities. However, the respondent no. 4 herein Karan Singh Kapse , who was Deputy Manager, manipulated a forged and fabricated proceedings of the committee of management dated 26.11.2014 without any knowledge or intimation and restored the membership of 34 expelled members. It is also alleged that the respondent no. 4 proceeded to fabricate another proceedings of committee of management dated 05.12.2014 without any notice or intimation and unlawfully proceeded to fill up the vacant post of President and member of the committee of management in gross violation of clause 9(1) and 10 of the Scheme of Administration. Further case set up by the appellant is that the said alleged proceedings of the committee of management dated 05.12.2014 have been set aside vide order dated 31.3.2015 passed by the Civil Judge (Junior Division) in suit no. 17 of 2015, which is pending challenge in civil appeal. On account of illegalities and irregularities committed by the respondent no. 4, the committee of management in its meeting dated 14.12.2014 passed an unanimous resolution removing him from the post of Deputy Manager and one Charan Deep Singh from the membership of the committee of management. In a subsequent meeting dated 04.04.2015, the committee of management unanimously resolved to elect Gurdayal Singh Tandon as Deputy Manager and Harmeet Singh as member for residual term of the committee of management.Another meeting of the committee of management was held on 23.4.2015 in which Sri Amit Singh was elected as President of the committee of management. Again a meeting of general body was held on 10.5.2015 in which a decision was taken terminating the membership of 51 members of the general body. The District Inspector of Schools, Bijnor on the basis of complaint dated 09.01.2015 in respect of proceedings of general body dated 9.11.2014 passed an order dated 12.6.2015 annulling the proceedings of the committee of management dated 14.12.2014, 04.05.2015 and 23.4.2015 as also the proceedings of the general body dated 9.11.2014 and 10.5.2015. Writ petition no. 36048 of 2015 filed by the appellants was dismissed by a learned single Judge vide judgment and order dated 30.7.2015 on the ground that the order of the District Inspector of Schools was merely an order of arbitrator and he was not acting a statutory authority. Special Appeal No. 545 of 2015 was allowed by the Division Bench vide judgment and order dated 11.8.2015 and the matter was remitted back to the learned single Judge to reconsider the matter on the basis of principles enunciated in the said Division Bench judgment. The writ petition is stated to be still pending."
(3.) It is alleged that in the meantime, Sri Karan Singh Kapse after his removal from the post of Deputy Manager and termination of life membership in collusion with the respondent no. 5 and some life members of the rival faction fabricated a proceeding of the general body dated 31.5.2015 passing a motion of 'No Confidence' against appellant no. 2 and forwarded the same along with a letter of respondent no. 5 to the District Inspector of Schools who vide order dated 31.5.2015 approved the 'No Confidence' motion and vide order 15.6.2015 attested the signature of respondent no. 4 as Manager of the institution. The appellant herein challenged the same by filing writ petition no. 36049 of 2015. A learned single Judge vide order dated 2.7.2015 disposed of the writ petition by making an observation that the District Inspector of Schools need not go into the validity of the 'No Confidence' motion but it was incumbent upon him to be prima-facie convinced that general body did resolve to remove the elected manager as per the bye-laws before attesting the signature of the Deputy Manager. Accordingly, learned single Judge directed the parties to appear before the District Inspector of Schools within a week and to decide the matter regarding attestation of signatures of Deputy Manager by a reasoned and speaking order, after opportunity of hearing to all affected and considering the objections of the appellant no. 2 herein. The effect and operation of the order of the District Inspector of Schools dated 15.6.2015 was kept in abeyance except to the extent of providing for the payment of salary to the teachers and other staff of the institution. A Special Appeal no. 447 of 2015 was filed by the present appellants which was dismissed by the Division Bench vide judgment and order dated 14.7.2105.;