Hon'ble Rajesh Chandra, J. - (1.) SINCE both these special appeals arise out of the judgment and order dated 3.5.2010 passed by learned Single Judge and the facts are similar in both these special appeals, these are being decided by this common judgment. Special Appeal No. 1270 of 2010 (Anand Singh and another V/s. State of U.P. and others) is being treated as a leading case and its facts are given below.
(2.) THIS special appeal No. 1270 of 2010 has been filed by the appellant respondent namely Anand Singh and Binda Devi Patel against the judgment and order dated 3rd May, 2010, passed by Single Judge in Civil Misc. Writ Petition No. 30472 of 2008, by which the learned Single Judge has quashed the order dated 23.6.2008 passed by the Joint Director of Education holding the election, held by respondent No. 5, Committee of Management, Janta Inter College Kanta, District Chandauli on 25.11.2007, in which the respondent No. 6, Murahu Singh was elected as manager of the institution, as invalid. In brief, the facts of the case are that the Committee of Management, Janta Inter College Kanta, District Chandauli, through its manager Murahu Singh and Murahu Singh as Manager of the College (hereinafter referred to as petitioners) filed Civil Misc. Writ Petition No. 30472 of 2008 alleging therein that Janta Inter College Kanta, District Chandauli, run by a society known as Janpad Uchchattar Madhyamik Vidyalaya Kanta, Varanasi, a society registered on 18.8.1952 is a duly recognised college and is governed by the provisions of U.P. Intermediate Education Act 1921 and Regulations framed thereunder. The college receives grant-in-aid only up to the level of High School and no aid is provided for running Intermediate Classes. Since the Institution is receiving grant-in-aid the provisions of U.P. Act No. 24 of 1971 are applicable to it. The petitioners further alleged that the previous election of the Committee of Management of the Institution was held on 18.11.2004 in which the petitioner No. 2, Murahu Singh was elected as manager. The District Inspector of Schools (D.I.O.S.) vide letter dated 25.11.2004 forwarded the papers relating to the election to the Joint Director of Education for being placed before the Regional Committee. The Regional Committee being satisfied with the election so held granted approval to the said election vide letter dated 2.12.2004. The Joint Director of Education as well as the D.I.O.S. communicated the said order of the Regional Committee to the petitioners. The term of the Committee of Management was three years.
(3.) ACCORDING to the petitioners, the D.I.O.S. at the behest of present appellants, Anand singh and Smt. Binda Devi Patel made a recommendation to the Joint Director of Education, Varanasi Region, Varanasi, for taking action against the petitioners under the provisions of the U.P. Act No. 24 of 1971. The Joint Director of Education issued a show-cause notice to the petitioners of which proper reply was given by the petitioners. After considering the reply given by the petitioners, the Joint Director of Education issued an order dated 13.9.2006 directing the D.I.O.S. to decide the matter in the light of reply submitted by the petitioners. The D.I.O.S. then made a recommendation to the Joint Director of Education on 9.1.2007 for superseding the petitioner No. 1, Committee of Management under Section 6 (3) of U.P. Act No. 24 of 1971, whereupon a show-cause notice was again issued to the petitioners by the Joint Director of Education on 2.8.2007. The petitioners then submitted a reply to the show-cause notice vide letter dated 21.8.2007 and another letter dated 25.9.2007. However, the int Director of Education proceeded to pass an order on 29.9.2007 superseding the Petitioner Committee of Management under Section 6 (3) of U.P. Act No. 24 of 1971. Feeling aggrieved by the said order dated 29.9.2007 the Petitioner Committee of Management filed writ petition No. 50438 of 2007 wherein vide interim order dated 10.10.2007 the operation of the aforesaid order dated 29.9.2007, passed by the Joint Director of Education, was kept in abeyance. As a result of this interim order the Petitioner Committee of Management continued to manage the affairs of the Institution.;