- (1.) Subhash Chander Mittal President elect and other elected office bearers of the Governing Body of R.K.S.D. College, Kaithal seek quashing of order Annexure P-1 vide which the management of the College was taken over with immediate effect for a period of one year and S.D.O.(Civil) Kaithal was appointed as Administrator of the College under the provisions of Section 3(1) of the Haryana Private College (Taking over of Management) Act, 1978 (hereinafter referred to as the Act) as also writ in the nature of mandamus directing respondent No.1 to remove the Administrator appointed vide order dated 13.12.1991 and to hand over the charge of the college to the petitioners. The petitioners also pray for quashing of letter dated March 5, 1X)2 (Annexure-P.9) vide which the election of the office bearers of the Governing Body of the college held on 29.12.1991 was not approved by the University. The facts of the case, as pleaded in the petition, reveal that R.K.S.D. College, hereinafter referred to as the College established at Kaithal, somewhere in the year 1950, has a body constituted known as "select committee" so as to manage its affairs. The college started getting grant to the extent of 95 per cent from the State Government and, therefore the affairs so as to manage the college came to be vested with the Governing Body in accordance with rule 17 of the Regulations of the Society. Four office bearers of the Governing Body are elected whereas eleven members are nominated by the four elected members. Besides, the Principal is the ex-officio member, two members are from amongst the teaching staff, one from non- teaching staff, one is nominated by the Vice-Chancellor and one is nominated by the Government. The elected members are to be President, Vice-President, General Secretary and the Treasurer. In the year 1979, the constitution of the College was amended as per directions of the State Government and after the said year, the election of the Managing Committee was being held after every three years. The rules, requires the election immediately after every three years whereas the election from 1979 till 1991 was never held meticulously after three years but was held after some time from the expiry of three years. The constitution of the Society also provides the mode of election of the Governing Body. Further, as referred to above, the term of the Governing Body as per rule 6 of Appendix I, Ordinance XVI of the Kurukshetra University Calendar, Volume I of 1989, is three years. In case the election of the Governing Body is not held as per prescribed period, the University is competent to constitute another Governing Body at the earliest. Rule 6 reads as follows :- "Rule 6 : Constitution of Governing Bodies Every non-Govt. recognised Colleges shall have a Governing Body consisting of not more than 21 members and not less than 11 members as under :- (i) President, Vice-President, Treasurer and General Secretary to-be elected by the members of the Parent society/Trust which is running the college. (ii) The principal of the college shall be ex-officio member- Secretary of the Governing Body. (iii) One nominee of the University; - (iv) One nominee of the State Government; (v) Two teacher representatives elected from amongst themselves by the whole time approved teachers of the college and one representative of the Non-teaching staff to he elected also on the Governing Body ; - (vi) Remaining members (upto a maximum of 11) to be nominated by the President. A casual vacancy of an elected members shall be by election within three months of the vacancy occurring, and the member so elected shall continue for the rest of the term of the outgoing member. (a) The tenure of the Governing Body shall be three years and election shall be held after every three years. The election shall be held under the supervision of the observer to be appointed by the University. (b) In case the election of the Governing Body is not held within the prescribed period of three years, the University shall be competent to arrange the election to constitute a new Governing Body, at the earliest possible."
(2.) The life of Governing Body to manage the affaris of the college that came to be constituted in pursuance of election held on September 25, 1988 was to be upto September 24, 1991. However, for some reasons, which have not been detailed in the petition, no steps were taken to hold the election on the due date thus constraining the State Government to issue an order as the term of Managing Committee had expired on September 25, 1991. Sub Divisional Officer (Civil), Kaithal was appointed as Administrator of the college by invoking provisions of Section 3(1) of the Act for a period of one year. This order was passed on December 13, 1991 (Annexure P-1). The positive case of the petitioners is that election which should have been held on or before September 24, 191, was in fact got delayed just by few months and in fact the election was scheduled to be held on December 29, 1991, intimation of which had since already been given to the Vicc-Chancellor of the Kurukshetra University as also the Director, Higher Education, Haryana, Chandigarh. The aforesaid information was conveyed through letters dated 2.12.1991, copies whereof have been placed on record as Annexures P-2 & P-3. The respondent-authorities were also reminded vide letters dated December 18, 1991, Annexures P-4 & P-5, that the election has been ordered to be held on December 29, 1991 and that the observer be sent which, it appears, was required to be present as per relevant rules so as to vouchsafe the fair conduct of election. When no intimation was sent to the petitioners with regard to appointment of observer and the election date was approaching, the President of the College sent a personal better through special messenger on December 27, 1991 requesting University to send its Observer as the election process had already started and the election was to be held on December 29, 1991. Copy of the letter aforesaid has been placed on record as Annexure P-6. No observer was, however, sent and the election was held on due date i.e. December 29, 1991. The Principal intimated to the Dean of Colleges of Kurukshetra University, Kurukshetra with copy of the letter to Director, Higher Education, Haryana, Chandigarh, that election has been held and the petitioners have been elected as office-bcarcrs of the Governing Body. Petitioner No. 1 after his election as President of the Governing Body vide letter dated January 1, 1992 informed respondent No. 1 about the election having been held on December 29, 1992 and requested for passing necessary orders for handing over of the charge to the newly elected office-hearers. It was also requested that order, Annexure P-l, vide which S.D.O. (Civil), Kaithal was appointed as Administrator, be revoked. The repeated requests of the petitioners were first cold-shouldered but later when order dated March 5, 1991 was passed, the petitioners filed this petition asking for the relief as indicated in the earlier part of the judgment. It requires to be mentioned here that vide intimation dated March 5, 1992 Annexure P-9, the officiating Principal of the College was informed that the election of four office-bearers of the Governing Body of the College as per election held on December 29, 1991 in the absence of University Observer was not approved by the University. The officiating Principal was also informed that re-election of four office-bearers of the Governing Body of the College should be arranged at the earliest under the supervision of the University observer.
(3.) This petition has been contested and on behalf of respondent No.1, written statement has been filed by Shri R.K. Shcokand, IAS, Deputy Secretary, Education. By way of preliminary objection, it has been pleaded that as per provisions contained in instructions dated March 28, 1979 and the provisions of Ordinance XVI, Appendix IX of the Kurukshetra University, the tenure of Governing Body of an affiliated college is three years. The election of the Governing Body of the college was held on September 25, 1988 and the three years expired on September 24, 1991 but the election of the Governing Body was not held in time and there was vacuum thereafter to lookafter the affairs of the College, the State Government had no other alternative except to take over the management of the College and to appoint an Administrator. It is thus stated that the election of the Governing Body held on December 29, 1991 was contrary to instructions dated February 9, 1983 and Ordinance of the Kurukshctra University according to which presence of Observer of the University was a prc-condition for a valid election. On merits, the defence projected is no other than what has been noticed already while dealing with the preliminary objections. The facts, as stated in the petition, have not been specifically denied anywhere. A special reference to the pleadings with regard to the information given by the college to the respondent- authorities that, the election would be held on December 29, 1991 and its request to send an Observer, require a specific mention. Paragraph 13 of the petition and the corresponding para of the written statement are as under:- Paragraph 13 of the petition: "That as per the Rules the parent body is required to send intimation to the Director, Higher Education, Haryana and also to the Kurukshetra University, Kurukshetra to which the college is affiliated regarding the holding of the elections. The Principal of the college vide letter dated 2.12.1991, copies of which are attached herewith as Annexure P-2 and P-3 intimated the Vice-Chancellor of the Kurukshetra University, Kurukshetra as also the Director, Higher Education, Haryana, Chandigarh, regarding the holding of elections and requested for sending their nominee/representative as observer on the said date. Letters anncxures P-2 and P-3 were followed by reminder dated 18.12.1991 and copies of which are annexed as Annexures P-4 and P-5. When no action was taken by the University for sending the Observer the President of the R.V.S. sent a personal letter through Special messenger on 27.12.91 requesting the University authorities to send its nominee as observer, because the election process had already started and elections are to be held on 29.12.91. The letter was delivered personally on 27.12.91. Copy attached as Annexure P-6". Para 13 of the written statement:- "That in reply to para 13 of the petition, it is submitted that as per provisions contained in rule 6 of Ordinance XVI Appendix IX-I, of the Kurukshetra University Calendar, the election of the Governing Body of the college is required to he held under the supervision of the observer appointed by the University. It is further submitted that according to the instructions dated 9.2.83, the presence of one of the observer is must at the time of the election of the Governing Body. The election of the Governing Body of R.K.S.D. College was held contrary to the provisions of University Calendar and instructions of the Deptt. and therefore the election of the petitioner was not valid and proper.";