C.R. No.4018 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4018 of 2008 (O&M) Date of Decision: 18.8.2010 The Managing Committee of Indira High School, Kainaur, Ropar. ……Petitioner VERSUS State of Punjab and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. R. K. Gautam, Advocate for the petitioner. Mr. S.K. Bhanot, Addl. A.G., Punjab. Mr. Anil Shukla, Advocate for respondents No.4 and 5. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) C.R. No.4018 of 2008 (O&M) -2- 1. In the present matter, the main dispute is that which of the Management Committee should run the School. Vide order dated 21.2.2003, D.P.I. (S), Punjab, Chandigarh passed the order that District Education Officer, Ropar is appointed as correspondent for the distribution of salary to the staff and further direction was is- sued that Committee shall convene a General House meeting of the members of the Committee as in 1998 in the guidance of higher offi- cers of the District and after election, the list of elected body be sent to the department. Order of D.P.I.(S), Punjab, Chandigarh dated 21.2.2003 was challenged before this Court in CWP No.5873 of 2003. This Court vide order dated 17.1.2006 directed the Director, Public Instructions (Schools), Punjab to take final decision with re- gard to approval of the Managing Committee. In compliance of order of this Court dated 17.1.2006, Director, Public Instructions (S), Pun- jab, Chandigarh passed the order dated 5.8.2006 and directed that Committee raising the dispute should bring the final decision from the concerned Court about the validity of the Committee and till then the old Managing Committee will continue to function. Order of Director, Public Instructions (S.E.), Punjab, Chandigarh dated 5.8.2006 was challenged before the Civil Judge, Junior Division, Chandigarh in Civil Suit No.263/20.11.06. An application under Order 39 Rules 1 and 2 C.P.C. was also moved alongwith the plaint seeking stay of the order dated 5.8.2006. Learned Civil Judge has doubted about C.R. No.4018 of 2008 (O&M) -3- the jurisdiction of the Civil Court and ultimately rejected the applica- tion seeking ad-interim injunction. Appellate Court also agreed with the view taken by the learned trial Court. 2. Feeling aggrieved from the orders passed by both the Courts below rejecting the application under Order 39 Rules 1 and 2 C.P.C., plaintiff/petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India. 3. Having heard learned Counsel for the parties at length, it seems that two rival groups are claiming themselves as valid Man- agement Committee. It is yet to be decided by the Civil Court, as to whether plaintiff/petitioner is in control of the Management Commit- tee or defendant No.5 is in control of the Management Committee. For all fairness, keeping in mind the welfare of the School till the dis- posal of the case, in the opinion of this Court either of the parties should not be permitted to manage the affairs of the said School and meanwhile, during the pendency of the suit, District Education Offi- cer, Ropar should be permitted to control the management of the School. 4. Petition is disposed of with the direction that neither plain- tiff/petitioner nor defendant No.5 shall interfere in the management of School and during the pendency of the case, District Education Offi- cer, Ropar shall control the management of the School. Learned trial Court is directed to decide the suit in accordance with law as early as C.R. No.4018 of 2008 (O&M) -4- possible without granting any unnecessary adjournments to either of the parties. ( ALOK SINGH ) 18th August, 2010 JUDGE ashish