R.K. Agrawal, J. - (1.) THE present special has been filed against the judgment and order dated 23rd September 2010 passed by the learned single Judge whereby the writ petition preferred by the present appellants has been dismissed.
(2.) BRIEFLY stated the facts giving rise to the present appeal are as follows: Shri Ram Janki Inter College, situate in Sarokhanpur, Badlapur in district Jaunpur, is a recognised and aided institution, which is governed by the provisions of UP. Intermediate Education Act, 1921 (hereinafter referred to as the Education Act) and UP. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (24 of 1971) (hereinafter referred to as the 1971 Act). It has a Scheme of Administration duly approved by the Deputy Director of Education on 8.12.1962. After the UP. Intermediate Education (Amendment) Act, 1980 (UP. Act No. 1 of 1981) was enforced, the Deputy Director of Education, Varanasi Region, Varanasi vide letter dated 25.1.1985 effected the amendments in conformity with the aforesaid enactment. The amended scheme provided the term of 3 years for the elected Committee of Management and in case a newly elected Committee of Management did not assume charge within a period of one month from the date of expiry of 3 years' term, the Deputy Director of Education was authorised to appoint a Prabandh Sanchalak for getting fresh elections conducted. However, in the year 2002, the Committee of Management decided to amend the term from 3 years to 5 years. The proposed amendment was submitted in the office of the District Inspector of Schools, Jaunpur, who in turn forwarded the same to the Joint Director of Education, Varanasi Region, Varanasi for approval. The Joint Director of Education, Varanasi Region, Varanasi vide order dated 30.7.2002 accorded approval to the amendment proposed by the Committee of Management. The consequence of the amendment of the Scheme of Administration in sofar as it related to the term of the elected members of Committee of Management became 5 years from the existing 3 years. Elections to the Committee of Management was held on 2.10.2004 in which Sri Surendra Mani Dubey was elected as President and Sri Gyananand Shukla was elected as Manager. The election was approved by the Regional Level Committee vide order dated 10.11.2004. There is no dispute regarding the election held on 2.12.2004 and approved by the Regional Level Committee vide order dated 10.11.2004. The Committee of Management which was elected on 10.12.2004, continued to function smoothly for a period of 5 years. As fresh elections were due to be held before the expiry of 5 years ie. on or before 2.10.2009, the Committee of Management in its meeting held on 2.8.2009 decided to hold fresh elections and also decided the election schedule. The, District Inspector of Schools was informed accordingly. The District Inspector of Schools vide order dated 1.10.2009 accorded permission for publication of the election schedule in local Newspaper, which was published in the Newspaper Dainik Manayavar dated 8.10.2009. According to the petitioner appellant, inspite of request having been made to the District Inspector of Schools, Jaunpur, to appoint an Observer for holding the elections, when no Observer was appointed, request was made to the District Administration to appoint a Supervisor and the Sub-Divisional Magistrate appointed the Naib Tehsildar, Maharajganj, Jaunpur, as an Observer. Election was held on the scheduled date ie. 15.10.2009 in which one Sri Surendra Mani Dubey was elected as President and Sri Gyananand Shukla was elected as Manager. The election proceedings was approved by the General Body in its meeting held on 25.10.2009 and the papers pertaining to the election was submitted in the office of the District Inspector of Schools, Jaunpur on 26.10.2009. Another person namely Sri Girja Shankar Pathak, set up a rival election on 25.10.2009 in which he claimed that Sri Shashidhar Tripathi has been elected President and he has been elected as the Manager. As a dispute had arisen regarding as to which is the validly elected Committee of Management, the District Inspector of Schools, Jaunpur, vide letter dated 27.10.2009 had forwarded all the papers to the Regional Level Committee for its decision. Both the rival Committee of Managements were afforded opportunity of hearing and the Regional Level Committee vide order dated 30.8.2010 discarded both the elections and appointed a Prbandh Sanchalak for getting fresh elections conducted. The order dated 30.8.2010 passed by the Regional Level Committee was challenged by the present appellants in the writ petition giving rise to the present appeal. The Regional Level Committee has held that the election held on 25.10.2009 by the erstwhile Committee of Management elected on 2.10.2004 cannot be held to be valid as the term had expired in the year 2007. While holding so, the Regional Level Committee has held that the approval dated 30.7.2002 for extending the term from 3 years to 5 years in the Scheme of Administration had not been incorporated in the records and, further after the approval was given on 30.7.2002 no action has been taken for amending the Scheme of Administration. The Regional Level Committee has also given some other grounds for discarding the election held on 25.10.2009 by the erstwhile Committee of Management.
(3.) BEFORE the learned single Judge, it appears that the arguments proceeded on the question as to whether if the Scheme of Administration is to be amended, the approval is required at two stages or not. Firstly, at the stage when the Committee of Management proposes to amend the Scheme of Administration and, secondly when after the proposal has been approved by the Joint Director of Education, the Committee of Management actually decides to amend the Scheme of Administration. The stand taken by the learned counsel for the appellant petitioner before the learned single Judge was that prior approval for making any amendment in the approved Scheme of Administration is required only once ie. at the time when the proposal for amendment is sent and if the Joint Director of Education approves the proposal, then no further approval is required for incorporating the same in the Scheme of Administration.;