S.S. Sandhawalia, J. - (1.) The constitutionality of Sec. 4-A of the Haryana Board of School Education Act, 1969 inserted in the principal Act by the Haryana Board of School Education (Amendment) Ordinance, 1979 and subsequently by the Haryana Board of School Education Act, 1979, as also the validity of the action of the respondent State of Haryana, in removing the petitioner from the Chairmanship of the Board of School Education, are primarily the subject - matters of challenge in this writ jurisdiction, under Articles 226/227 of the Constitution of India.
(2.) Dr. Raja Ram petitioner, who claims to be an eminent educationist was appointed as Chairman of the Board of School Education, Haryana, by a notification dated Sept. 11, 1978, promulgated by the Governor under Sub-section (4) of Sec. 3 of the Haryana Board of School Education Act, 1969, for a period of three years. By a notification dated Oct. 13, 1978 (Annexure P-2), the terms and conditions of the appointment of the petitioner were precisely specified. During the period of his tenure, the petitioner claims that the Board launched important plans and activities in the field of school education under his guidance, which have been spelt out with considerable detail in paragraph No. 12 of the writ petition. Nevertheless on Aug. 22, 1979, the Governor of Haryana excising his powers under clause (2) of Art. , 213 of the Constitution of India promulgated the Haryana Board of School Education (Amendment) Ordinance, 1979 (hereinafter called the Ordinance), whereby inter alia Sec. 4-A to the effect that the Chairman, Vice - Chairman and the Members of the Board shall hold office during the pleasure of the State Government, was sought to be inserted in the Principal Act and further Sec. 16 of the same statute was substituted by an altogether different provision. Following closely on its heels, the impugned notification (Annexure P. 5) dated Aug. 24, 1979 was then issued in the name of the Governor removing the petitioner as also the nominated members of the Board of School Education, with immediate effect. Subsequently, on Sept. 18, 1979 vide Annexure P.6, the Governor of Haryana appointed Shri Ishwar Singh, M.L.A , as Chairman of the Board under Sub-section (4) of Sec. 3 of the Haryana Board of School Education Act, 1969.
(3.) As a matter of history and to provide the necessary background, it is averred that earlier on Oct. 4, 1977, respondent No. 3, Swami Agnivesh, then member of the Legislative Assembly had been appointed as Chairman of the Board of School Education vide notification, Annexure P.3. It is pointed out that the former Chief Minister, Shri Devi Lal, as also respondent No. 3. Swami Agnivesh were also elected to the Haryana Legislative Assembly in the year 1977 on the Janata Party ticket However, later, complaints regarding the irregularities and misuse of powers etc by Swami Agnivesh as also the Board, were received by the Government and a regular enquiry therein was ordered and the State Government, after receiving the enquiry report and exercising its powers under Sec. 16(4) of the Act, gave an opportunity to the Board by serving a show-cause notice, as to why an order superseding the Board should not be made. It is claimed that Swami Agnivesh, respondent No. 3, the then Chairman of the Board submitted his reply to the said Notice, but the State Government ultimately superseded the Board and inevitably its Chairman. Respondent No. 3, Swami Agnivesh being aggrieved by this action, preferred C.W.P. No. 2317 of 1978 in the High Court challenging the above-mentioned supersession on various legal grounds including serious allegations of mala fides against the former Chief Minister Shri Devi Lal. Nevertheless, the High Court dismissed the above-mentioned petition vide its judgment dated June 13, 1978, and it has been averred that a Special Leave Petition against the same is as yet pending before their Lordships of the Supreme Court of India. It was thereafter that the Governor of Haryana reconstituted the Board and appointed Dr. Raja Ram petitioner as its Chairman. To project his association with the former Chief Minister, it has been averred that the petitioner tad written a laudetory biography of Chief Minister Devi Lal titled as "Chautala to Chandigarh". However, on June 28, 1979, Ch. Devi Lal resigned from the office of the Chief Minister and respondent No. 2, Shri Bhajan Lal, was later sworn in, in his place. It is alleged that at first the Education Secretary of the Haryana Government had contacted the petitioner on the telephone and asked him to resign as desired by the Chief Minister, but he declined to do so in view of the fact that his term of appointment was for a period of full three years. Swami Agnivesh, respondent No. 3, who was sworn in as education Minister much later, is also alleged to have made a similar demand upon the petitioner on the telephone and the petitioner again reiterated his unwillingness to resign from the office. It has been alleged on behalf of the petitioner that Swami Agnivesh, respondent No. 3, was particularly annoyed with the former Chief Minister Ch. Devi Lal and more so, against the petitioner for his having been appointed in place of the said respondent as Chairman of the Board. Also it is alleged that respondent No. 2, Shri Bhajan Lal and respondent No. 3-Swami Agnivesh being bitter political opponents of Ch. Devi Lal former Chief Minister had, on coming into power, conspired to remove all persons working as Members or Chairman of any statutory Board or Corporation in the State of Haryana, who happened to be close to the former Chief Minister It is claimed that the impugned orders had been issued to remove the petitioner and the other Members of the Board because they were appointed during the tenure of Ch. Devi Lal and for that reason were not liked by respondents Nos . 2 and 3. The firm stand taken is that the impugned Ordinance was not issued to achieve any aims and objects of the State or public welfare, but only to fulfill the aforesaid design of sweeping away all the associates of the former Chief Minister. In sum, it is alleged that both the issuance of the Ordinance and the later enactment of the Act by the legislature to same effect as also the particular action of removing the petitioner have been done with an ulterior motive and primarily because of the petitioner's association with the former Chief Minister whose biographist he is. Lastly, it has been alleged that the appointment of the new Chairman Shri Ishwar Singh M.LA. on Sept. 18, 1979 is in violation of the statutory provisions of the Act.;