COMMITTEE OF MANAGEMENT, SHRI ANANT ADARSH INTER COLLEGE, GANIYARI, DEORIA AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) SATYAWAN Rao, describing himself as Manager of the Committee of Management of Sri Anant Adarsh Inter College Ganiyar Deoria has approached this Court questioning validity of the decision dated 17.10.2011 taken by Regional Joint Director of Education 7th Region Gorakhpur wherein he has proceeded to disapprove election set up by Satyawan Rao and has proceeded to accept the election of the Managing Committee of the institution wherein Smt. Amarawati Singh has been accepted as Manager. Brief background of the case as mentioned in the writ petition is that Shri Anant Adarsh Inter College, Ganiyari, Deoria is recognized and aided institution and salary of the teachers and employees is being given under the U.P. Madhyamik Education Act, 1921 read with the provisions of U.P. Act No. 24 of 1971. The institution is run and managed by the registered society knows Anant Adarsh Shiksha Parishad. The members of the said society elect from amongst themselves the Committee of Management to manage the affairs of the institution. Petitioner further claims that in the year 1982, there were two rival committee and Rajesh Rao was the manager of one Committee of Management and Vindhachal Rao was other rival Committee. Further the then Deputy Director of Education by his order dated 12.4.1982 passed under Section 16 -A (7) of the U.P. Intermediate Education, Act, de -recognizing both the Committee and directed the District Inspector of Schools, Deoria to enquire about the members of General Body and conduct election of Committee of Management within one month. The District Inspector of Schools vide its order dated 20.6.1983 declared 32 members as valid members of the society and election was held on 1.9.1983 of the Committee of Management according to Scheme of Administration wherein Rajesh Rao was elected as manager. Aggrieved by the order of the District Inspector of Schools dated 20.6.1983, in all four the members filed suit No. 1865 of 1983 in Civil Court against the order dated 20.6.1983 and against the election of the Committee of Management dated 4.9.1983 and also prayed to pass injunction order to stop the Committee of Management not to function. Said suit was decreed ex -parte on 22.9.1984. After decree was passed on 22.9.1984, Rajesh Rao filed recall application which was registered as recall application No. 126 of 1984 and the said recall application was dismissed by the order dated 15.2.1986. Thereafter another recall application has been moved by Rajesh Rao and same was registered as Recall Application No. 150 of 1986 and therein interim order was passed on 18.7.1987 and thereafter on 16.7.1991 said application in question was got dismissed as not pressed. Petitioner's claim that during his continuance as Manager, Rajesh Rao inducted 49 members and further submit that once said suit in question has been dismissed then said members cannot at all be treated to be valid members. Petitioner has contended that 31.1.2010 was the date fixed for election of the Committee of Management and petitioner in his turn has filed objection on 20.1.2010 requesting therein that election of the Committee of Management be held from amongst valid members of the General Body. Petitioners submit that District Inspector of Schools passed order on 20.2.2010 and directed to hold election from amongst members enrolled before 1983. Thereafter said order in question was cancelled on 26.2.2010, and District Inspector of Schools after being informed passed another order on 15.4.2010. Petitioner submits that respondents had come with case that the election of the Committee of Management has already been held on 31.1.2010 and thereafter after papers have been received in respect of election the District Inspector of Schools informed Regional Joint Director of Education. District Inspector of Schools thereafter has passed on 4.4.2011 thereafter contesting respondents approached Regional Joint Director of Education and Regional Joint Director of Education has proceeded to pass 15.4.2011. Against the same, petitioners filed Civil Misc. Writ Petition No. 24615 of 2011 and this Court on 27.4.2011 remanded the matter back to the Regional Joint Director of Education to decide the same. Thereafter Regional Joint Director of Education has decided the matter on 14.7.2011, against which petitioners have rushed to this Court.

(2.) COUNTER -affidavit has been filed on behalf of respondent No. 6 and therein it has been mentioned that petitioners have concealed fact regarding filing of Civil Misc. Writ Petition No. 31137 of 2011 and the interim order dated 26.5.2011 and also factum that Special Appeal No. 1056 of 2011 was filed and same was dismissed by this Court on 18.7.2011. It has been stated that election of the Committee of Management of the institution has be held on 23.10.1988 wherein Rajesh Rao was elected as Manager and said election was recognized by the District Inspector of Schools and in the year 1989 Rajesh Rao resigned as Manager and Ganga Prasad Singh, father in law of respondent No. 6, Amrawati Singh was elected as Manager and signature was also attested by the District Inspector of Schools on 11.6.1990. Said action was subject -matter of challenge in writ petition filed before this Court and said writ petition was dismissed on 23.11.1988 on the ground of alternative remedy of filing suit. Fresh elections have been held on 17.11.1991 wherein Ganga Prasad Singh was elected as Manager and his signatures were also attested on 18.11.1991. At said juncture Satyawan Rao filed Civil Misc. Writ Petition 37672 of 1991 and therein no interim order was passed and same was dismissed on 25.9.2001. Again fresh elections have been held on 15.12.1994 and therein Ganga Prasad Singh once again was elected as Manager and his signature has been attested by the District Inspector of Schools on 10.7.1995. Again fresh elections were held on 21.12.1997 wherein again Ganga Prasad Singh was elected as Manager. Fresh elections were again held on 21.12.2000 wherein Amarawati Singh was elected as Manager and the said election has been recognized by the Regional Level Committee on 1.1.2001. Fresh election of the Committee of Management were again held on 28.12.2003 and the said elections were also approved by the Regional Level Committee vide order dated 28.12.2004. Fresh elections have been again claimed to have been held on 14.1.2007 and same has been recognized by the Regional Level Committee on 31.5.2007. Fresh election of the Managing Committee again claimed to have been held on 31.1.2010 and therein Accounts Officer has acted as Observer and therein Amarawati Singh was again elected as Manager and report was sent by the Observer to the District Inspector of Schools on 1.2.2010. Said elections have been approved on 26.2.2010 and thereafter District Inspector of Schools on 15.4.2010 can -celled earlier order dated 26.2.2010 and thereafter it has been stated that elections have been shown by Satyawan Rao on 28.2.2010 and said election are not in consonance with the Scheme of Administration. District Inspector of Schools asked Regional Joint Director of Education to give advice and Regional Joint Director of Education on 29.10.2010 asked District Inspector of Schools to refer the matter. District Inspector of Schools inspite of the same approved the election of petitioners on 28.3.2011, in this background it has been stated that rightful decision has been taken by the Regional Joint Director of Education on the basis of material available, as such on interference should be made.

(3.) AFTER pleadings mentioned above have been exchanged present writ petition has been taken up for final hearing and disposal with the consent of the parties.