Dismissed

Harbinder Singh Baidwan v. State O F Punjab & Ors.

Punjab & Haryana HC5 Sept 2008CWP/6853/2005

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought takeover of a community school alleging mismanagement. The Court held it premature to decide statutory power of takeover but directed the Government to expedite a final decision on feasibility within three months.

What did the court decide?

State Government directed to take final decision on feasibility of takeover within three months; liberty granted to file fresh petition if unsatisfied.

Harbinder Singh Baidwan Vs State O F… — Education and Admissions | Punjab & Haryana HC (2008)

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**IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *****

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CWP No. 6853 of 2005 (O&M) Date of decision: September 05, 2008.

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Harinder Singh Baidwan Versus State of Punjab and others.

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CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Surya Kant. ***

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Present: Shri H.S.Baidwan, petitioner in person.

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Shri Amol Rattan Singh, Addl:AG, Punjab, with Ms. Sonu Chahal, DAG, Punjab.

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Shri I.P.Singh, Advocate, for respondents No. 2 and 3.

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T.S.THAKUR, CJ (Oral)

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Sri Dashmesh Academy (Regd) Trust, Tarapur District Anandpur Sahib, is running a 10+2 Senior Secondary School, at Anandpur Sahib. Funds for running the said school are released from out of the Punjab Defence and Security Relief Funds and Chief Minister, Discretionary Funds. It is not denied that a sum of Rs. 30 lacs has been released in favour of the Trust on 14.3.2007 out of Punjab Defence and Security Relief Funds and another sum of Rs. 10 lacs was released from out of Chief Minister, Discretionary Funds on 21.5.2007. Despite the release of these funds, the work of the institution is, according to the petitioner, who appears in person, not satisfactory. The petitioner's case, therefore, is that the institution ought to be taken over by the State Government for being run smoothly and efficiently.

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On behalf of the Trust, the allegations of mis-management of the affairs of the Trust and the School, have been denied. Learned counsel

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-2- CWP No. 6853 of 2005 (O&M)

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appearing for the Trust argues that since the Trust had certain financial difficulties arising from the refusal of the previous government to release the grant in aid in its favour. The said difficulties have been satisfactorily removed by release of funds by the government headed by Sardar Parkash Singh Badal. The Trust is, therefore, now in a position to run the institution efficiently, argued the learned counsel.

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In the counter affidavit filed on behalf of the State Government, it is, inter alia, stated that while a sum of Rs. 40 lacs has been released to the Trust for running the institution, there is a proposal regarding its take over, pending before the Government of Punjab. Shri Amol Rattan Singh submits that given some time, the Government would be in a position to take a final decision whether or not the institution can be taken over from the Trust. According to learned counsel for the Trust, however, there is no such power vested in the Government under the Societies Registration Act, 1860 enabling the government to take over the institution if it is unable to manage its affairs satisfactorily.

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We do not in the present proceedings consider it necessary to decide whether the Act legally empowers the government to take over the affairs of the Trust or the Institution. It is in our opinion pre-mature to examine that question. Having said so, we see no reason why the government should not to take a final decision regarding the proposal which is stated to be pending before it. Since the petitioner alleges mismanagement in the affairs of the Trust and the Institution, it would be more appropriate if a final decision in the matter is taken by the government without any delay. We may, however, make it clear that we are expressing no opinion as to whether the institution can or deserves to be taken over. That is a matter which we leave entirely to the govt.

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In the circumstances, therefore, and for the reasons stated above, we dispose of this writ petition with a direction that the State

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-3- CWP No. 6853 of 2005 (O&M)

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Government shall expeditiously take a final decision regarding the feasibility of taking over the affairs of the Institution and its smooth functioning. The needful shall be done by the government within three months from today. Liberty is given to the petitioner to file a fresh petition, in case the decision taken by the Government is not to his satisfaction. No costs.

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(T.S.THAKUR) CHIEF JUSTICE

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(SURYA KANT) JUDGE

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September 05, 2008. Malik

Harbinder Singh Baidwan v. State O F Punjab & Ors.

Case brief

What is this about?

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Harbinder Singh Baidwan v. State O F Punjab & Ors.

Case brief

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