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Umed Higher Secondary School, Jodhpur v/s State

    Civil Writ Petn. No. 941 of 1998

    Decided On, 29 April 1999

    At, High Court of Rajasthan

    By, THE HONOURABLE DR. JUSTICE B.S. CHAUHAN

    For the Petitioner: M. C. Bhoot, Advocate. For the Respondents: M. Mridul, R.N. Upadhyaya, M. R. Singhvi, Advocates.



Judgment Text

1. The instant writ petition has been filed challenging the order dated 18-2-1998 (Annexure 4), by which the State Government has taken over the school and appointed an Administrator in exercise of its powers under Section 10(1) of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter called "the Act").

2. The main challenge by the petitioner Management Committee is that the Administrator contemplated by Section 10(1) of the Act is an Administrator to be appointed by the State Government and, therefore, should necessarily be an official of the State Government. The Administrator cannot be a private person and even if a private person/society is appointed as such, the same must be in consonance with rules 19.23 and 24 of the Rajasthan Non-Government Educational Institution (Recognition. Grand-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as "the Rules, 1993").

3. The facts and circumstances giving rise to the case are that petitioner a registered society - was responsible for managing a non governmental aided institution, namely, Umed Senior Secondary School, Jodhpur, (hereinafter called "the School"), Respondent No. 1 issued a Show Cause Notice dated 17-4-1997 (Annexure 1) to the President of the petitioner society under Section 10(1) of the Act and before any final order could be passed in pursuance of the said show cause notice, the election of the Management Committee took place and the present committee stood elected in July, 1997. In pursuance to the said notice, petitioner filed the reply and also held a meeting with respondent No. 4, Special Secretary in the Education Department, on 26-8-1997. Petitioner received the impugned order dated 18-2-1998 (Annexure 4) passed by respondent No. 1, by which the respondent No. 3 was appointed as Administrator of the school.

4. Being aggrieved and dissatisfied, petitioner made a representation to the respondent No. 1 and operation of the impugned order dated 18-2-1998 was put in abeyance by passing the order dated 16-3-1998 (Annexure 5). Respondent No. 4 asked for certain information from the District Education Officer , Jodhpur respondent No. 2 and in response of the same, the latter wrote a letter dated 18-3-1998 (Annexure 8) to the Principal of the school, but before receiving any reply of the said letter respondent No. 2 submitted a report dated 20-3-1998 (Annexure R. 10). On a the basis of the said report, the order dated 23-3-1998 (Annexure R. 11) was passed by the respondent No. 4, by which it revived the order dated 18-2-1998. Hence this petition.

5. Heard learned counsel for the parties, perused the record and written submissions filed by the respondents.

6. Mr. Bhoot, learned counsel for the petitioner has urged that the impugned order dated 18-2-1998, passed by the respondent No. 1, is without jurisdiction as no such order can be passed within the purview of the provisions of Section 10 of the Act and rules 19, 23 and 24 of the Rules, 1993. The said provisions read as under :-

"Section 10. - Powers of the State Government to take over management :-

(1) Notwithstanding anything contained in any law for the time being in force, whenever it appears to the State Government that the managing committee of any recognised institution has neglected to perform any of the duties assigned to it by or under this Act or the rules made thereunder or has failed to manage the institution properly and that it has become necessary in the public interest to take over the management of such institution, it may, after giving to such managing committee a reasonable opportunity of showing cause against the proposed action, take over such management and appoint an administrator to exercise control over the assets of the institution and to run the