Mirza Ghalib College & Ors. Vs. Md. Quasim & Ors.
EmailAppeal: Civil Appeal No. 7976 of 2001
(Arising out of SLP (C) No. 7546 of 2001)
(Arising out of SLP (C) No. 7546 of 2001)
Petitioner: Mirza Ghalib College & Ors.
Respondent: Md. Quasim & Ors.
Apeal: Civil Appeal No. 7976 of 2001
(Arising out of SLP (C) No. 7546 of 2001)
(Arising out of SLP (C) No. 7546 of 2001)
Judges: UMESH C. BANERJEE & Y.K. SABHARWAL, JJ.
Date of Judgment: Nov 22, 2001
Head Note:
EDUCATION
Educational institution – Election of the managing committee of college – Directions given to the Director of Higher Education, Bihar for conduct of elections to the managing committee and chamber of council of the appellant institution before 28 February 2002, in accordance with the rules of the institution – Election of the chairman to be in accordance with the by-laws of the college – Existing managing committee directed to have an audit of the accounts conducted by chartered accountant and submit report to the Director of Higher Education, Bihar. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. Status quo as of date to continue until the event mentioned herein.
3. Upon hearing the submissions made on behalf of the parties, this appeal stands disposed of in the manner following:
(i) That the Director of Higher Education, State of Bihar shall con-duct the election of the managing committee and chamber of the council either by himself or shall nominate any of his nominees not below the rank of district education officer or inspector of colleges or equivalent post in the state, as a special officer appointed by this Court for the purpose of proper conduct of election. Such election process shall be completed by 28th Febru-ary, 2002. Simultaneously, with the election of the managing committee in terms of this order, the election of the chairman of the council shall also be conducted in terms of the by-laws of the college.
(ii) We have been informed during the course of hearing that the college session lasts till the end of April and the new session begins either by the end of April or beginning of May. Be it clarified that no disturbance would be created as regards the students or the placement of teachers or the rules as are being followed presently until the commencement of next session even if the new managing committee takes charge after the election. This order is passed having due regard to the interest of the students of the college.
(iii) The present management is directed to furnish a detailed statement of accounts to the director of higher education or his nominee in terms of this order after the same being audited by a recognised chartered accountant. The Director of Higher Education is directed to have the same considered and would be at liberty to take appropriate steps in accordance with law, if otherwise he finds the same not in order.
(iv) The director would be at liberty to take assistance from the party or parties as he may deem fit and proper.
(v) The special officer shall conduct the election within the time specified above and while conducting the election, would be at liberty to prepare the electoral roll. Due notices of such elec-tion including addition/deletion in the electoral roll, be ef-fected by him in accordance with the formalities laid down by the rules of the institution.
1. Leave granted.
2. Status quo as of date to continue until the event mentioned herein.
3. Upon hearing the submissions made on behalf of the parties, this appeal stands disposed of in the manner following:
(i) That the Director of Higher Education, State of Bihar shall con-duct the election of the managing committee and chamber of the council either by himself or shall nominate any of his nominees not below the rank of district education officer or inspector of colleges or equivalent post in the state, as a special officer appointed by this Court for the purpose of proper conduct of election. Such election process shall be completed by 28th Febru-ary, 2002. Simultaneously, with the election of the managing committee in terms of this order, the election of the chairman of the council shall also be conducted in terms of the by-laws of the college.
(ii) We have been informed during the course of hearing that the college session lasts till the end of April and the new session begins either by the end of April or beginning of May. Be it clarified that no disturbance would be created as regards the students or the placement of teachers or the rules as are being followed presently until the commencement of next session even if the new managing committee takes charge after the election. This order is passed having due regard to the interest of the students of the college.
(iii) The present management is directed to furnish a detailed statement of accounts to the director of higher education or his nominee in terms of this order after the same being audited by a recognised chartered accountant. The Director of Higher Education is directed to have the same considered and would be at liberty to take appropriate steps in accordance with law, if otherwise he finds the same not in order.
(iv) The director would be at liberty to take assistance from the party or parties as he may deem fit and proper.
(v) The special officer shall conduct the election within the time specified above and while conducting the election, would be at liberty to prepare the electoral roll. Due notices of such elec-tion including addition/deletion in the electoral roll, be ef-fected by him in accordance with the formalities laid down by the rules of the institution.
