Dilip Gupta, J. - (1.) The Committee of Management of V.V. Inter College, Shamli, District Muzaffar Nagar and Sanjay Kumar Sangal claiming himself to be its Manager have filed this petition for quashing the order dated 28th March, 2006 passed by the District Inspector of Schools, Muzaffarnagar by which he has directed for single operation of the salary account of the Institution under Section 5(1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the '1971 Act').
(2.) It is stated that the Society "Vaish College, Shamli", which is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), runs two Colleges namely V.V. Inter College, Shamli (hereinafter referred to as the 'Institution') and V.V. Post Graduate College, Shamli.
(3.) The dispute in the present petition is about the Committee of Management of the Intermediate Institution. This Institution has an approved Scheme of Administration. It was amended in 1983. Under Clause 7 of the amended Scheme of Administration of the Institution, the term of office bearers and members of the Committee of Management is three years but the office bearers can continue for one month after the expiry of the term. However, if the new Committee of Management does not take charge even within this extended period of one month, then the term of the Committee of Management shall automatically come to an end and the Deputy Director of Education shall appoint an Authorised Controller to hold the election so that charge is given to the newly elected Committee of Management at the earliest. It is further provided that if more than one Committee claims to be elected, then the matter shall be referred to the Deputy Director of Education whose decision shall be final.;