A.P.Sen, L.M.Sharma, JJ. - (1.) Leave granted. Arguments heard.
(2.) After hearing learned counsel for the parties we are satisfied that the High Court failed to appreciate that the Regional Deputy Director of Education, Agra Region, Agra by the impugned order dated July 8, 1987 purported to have been passed under Section 16-A (7) of the U P. Intermediate Education Act, 1921, arrogated to himself power which he did not passess viz. to direct the holding of elections of the Committee of Management of the Bajaj Rashtriya Intermediate College, Fatehpur Sikri before the expiry of its term. There was no finding reached by the Regional Deputy Director "of Education that the appellants, was were the elected members of the Managing Committee, were not in actual control of the affairs of the institution There was no occasion for him to have made a further direction requiring the District Inspector of Schools, Agra to hold fresh elections or for that matter, for the High Court to have made certain directions as to the manner in which such elections were to be held by him. Admittedly, the appellants were elected as members of the Managing Committee on January 27, 1988 and its normal term would expire on January 26, 1990. There could be no curtailment of the tenure of the present Managing Committee. That being so, the impugned order passed by the Regional Deputy Director of Education as well as the judgment of the High Court cannot be sustained and arc accordingly set aside.
(3.) The appeal therefore succeeds and is allowed. The writ petition filed by the appellants before the High Court is allowed to the extent indicated above. Since the term of the office of the appellants as members of the managing Committee of the Institution continues till January 26, 1990, the Regional Deputy Director of Education will take immediate steps for reinstating them in actual Control of the Management of the Institution. No costs. Decided accordingly.;