HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8695 of 2008 (O&M) Date of Decision: 22.03.2011 **** Managing Committee MLM Senior Secondary School, Ferozepur . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. OP Hoshiarpuri, Advocaet for the petitioner Ms. Monica Chhibber Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) CWP No.8695 of 2008.doc (1). The petitioner is the Managing Committee of the MLM Senior Secondary School, Ferozepur Cantt. It seeks quashing of the orders dated 26.03.2008/01.04.2008 (Annexure P1); 02.05.2008 (Annexure P2) as well as the enquiry report dated 15.02.2008 (Annexure P3). Vide the first order, the State Government, on acceptance of the enquiry report (Annexure P3), has appointed the District Education Officer (SE), Ferozepur as the ‘Correspondent’ of the School. The second order passed by the District Education Officer (SE)-cum-Correspondent of the School pertains to the appointment of one Jagdish Chander, Lecturer of the School as In-charge Principal. (2). It may be mentioned here that a Division Bench of this Court vide order dated 28.05.2008 has stayed the operation of the second order dated 02.05.2008 and allowed one Kulbhushan Gautam to continue to as Principal of the School. (3). Suffice it to mention here that the enquiry report (Annexure P3) which was submitted pursuant to the complaints received by the Principal Secretary, Government of Punjab, Education Department and the DPI (SE) against the Trust and the Principal of the MLM Senior Secondary School, Ferozepur Cantt., holding that there was 2 CWP No.8695 of 2008.doc misappropriation and misuse of the Government funds received by the school as Grant-in-Aid. (4). There is indeed no dispute that in terms of the provisions contained in the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979 read with Punjab Privately-Managed Recognised Schools Employees (Security of Service) Rules, 1981 framed thereunder, the Managing Committee/Governing Body of the School has to be an elected body for three years. The incidents of the alleged misappropriation/misuse of the Government funds in the present case pertain to the period prior to January 2008 and it is obvious that the term of the then Managing Committee/Trust of the School who was responsible for misuse of the funds has already expired. (5). The District Education Officer was appointed as ‘Correspondent’ of the school admittedly as a temporary measure inasmuch as day-to-day affairs of the Schools are required to be run by a validly constituted Managing Committee/Governing Body. In these circumstances, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner, Ferozepur and the District Education Officer (SE), Ferozepur to initiate the election process for the election of the Managing Committee/Governing Body of the school after scrutinizing 3 CWP No.8695 of 2008.doc the voter list etc. and conduct the election in a fair and transparent manner within a period of six months from the date of receipt of a certified copy of this order. As soon as the new Governing Body takes over the affairs of the school, the District Education Officer shall cease to act as the ‘Correspondent’ of the School. (6). This order, however, shall not absolve the Principal of the School from the allegations of misappropriation and misuse of funds and the State Government or the newly elected Governing Body shall be obligated to hold a further enquiry, if so required and proceed in accordance with law. (7). Till the elections are held, ad interim stay granted by this Court vide order dated May 28, 2008 against the appointment of Jagdish Chander as In-charge Principal, shall continue to operate. (8). However, if the incumbent Principal causes any obstruction in the process for conducting the election smoothly as directed above or does not co-operate the authorities in this regard, the matter shall be reported to this Court so that the stay order can be vacated. (9). Ordered accordingly. Dasti. 22.03.2011 vishal shonkar (S u r y a K a n t) Judge 4