Dhirubhai Naranbhai Patel, J. - (1.) THIS , civil review application has been preferred for review of the order dated 21st June, 2013 passed in Cont. Case (Civil) No. 791 of 2012. This application has been preferred by the son of Late Mrs. Maya Devi, who was one of the donors.
(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, Clause 7.6 of the Jharkhand Academic Council Act, 2002 as amended by the Act 2006 reads as under: "7.6 Power of the Council for constitution of Governing Body/Managing Committee of recognized Institutions. (1) There shall be a Governing Body/Managing Committee constituted by the council for the management and administration of each recognized Intermediate (+2), Secondary, Madhyama (Sanskrit) and Madarsa Institution other than an Institution maintained by State Govt. or an institution administered by a minority community on the basis of religion or language. It shall consist of following members. (i) Head of the institution Ex -officio Member. (ii) A representative of the Council to be nominated by the Council. (iii) A member of State Legislature, within whose constituency the institution in situated Ex -officio member. (iv) An officer of the State Govt. posted in the district not below the rank of a Sub -divisional officer nominated by the Deputy Commissioner. (v) One member elected by and from amongst the teacher of the institution. (vi) One member to be elected by and from amongst donors as have donated at least Rs. 25,000/ - to the institution. (vii) One member to be co -opted by the Governing Body/Managing Committee from amongst such educationists or persons reputed for having academic interests who reside in the district, where the Institution is located. (viii) District Education Officer of the District ex -officio. 2. The term of office of the members of the Governing body/Managing Committee other than the ex -officio members shall be three years and their powers and functions shall be such as may be prescribed by the rules. No proceedings of the Governing Body/Managing Committee of the recognized Institution shall be invalid merely by the existence of vacancy or vacancies amongst its members." (Emphasis Supplied) In view of the aforesaid clause, it appears that there was a dispute about the appointment of one of the members in the Managing Committee of Ramgarh Inter Women's College, District Ramgarh and as stated hereinabove, the donor member was to be elected from amongst the donors, those who have donated at least Rs. 25,000/ - to the institution. Earlier also there was a dispute about donor member and, thereafter, W.P. (C) No. 6442 of 2010 was instituted by earlier elected donor member. There was a final order dated 3rd May, 2011, whereby, direction was given to convene a meeting and to elect a donor member and the president. This was done in the meeting dated 9th September, 2011 and intimation was given to the Jharkhand Academic Council and, thereafter, further orders have been passed at Annexures 3, 4 and 5. Looking to further facts of the case, it appears that in pursuance of the direction given by this Court, to all the donor members who were five in numbers, notices were given to remain present in the meeting so that one donor member may be elected. Late Smt. Maya Devi was one of them. She was also given notice, as per the affidavit filed by respondent No. 3. The said notice was given on 17th May, 2012. Out of total five donor members, rest of them were present whereas. Late Smt. Maya Devi was not present in the meeting. Ultimately, the meeting was convened for selection of a member in the election of the member from amongst the donors, who have donated at least Rs. 25,000/ - to the institution. 3. Mr. Ravi Kant Kushwaha was elected as a donor member and to that effect minutes were also drawn in the meeting dated 22nd May, 2012 and necessary intimation was also given to the Jharkhand Academic Council for the appointment of the said Mr. Ravi Kant Kushwaha as a donor member in the Managing Committee of Ramgarh Inter Women's College, District Ramgarh.
(3.) THIS Court has passed an order in the Contempt Case (Civil) No. 791 of 2012 dated 21st June, 2013 and in paragraph No. 1, the Managing Committee/Covering Body members have been mentioned and Mr. Ravi Kant Kushwaha is also mentioned as a donor elected member. Being aggrieved by this order, this civil review application has been preferred by the legal heir of donor Late Smt. Maya Devi. This applicant is son of the donor.;