DILIP GUPTA,J. - (1.) THE Committee of Management of Imamul Madaris Inter College, Amroha and Raza Kamal claiming himself to be the Manager of the Committee of Management have filed this petition for setting aside the order dated 21st July, 2006 passed by the Regional Committee granting recognition to the election of the Committee of Management of the Institution held on 7th May, 2006 in which Faizan Ali was elected as the Manager. The petitioners have also sought the quashing of the consequential order dated 22nd July, 2006 passed by the District Inspector of Schools setting aside the earlier order dated 6th June, 2006 and attesting the signatures of Faizan Ali as Manager.
(2.) IMAMUL Madaris Inter College, Amroha, District J.P. Nagar (hereinafter referred to as the ''Institution') is an Intermediate College recognized under the provisions of the U.P. Intermediate Education Act, 1921. It is minority Institution which is run by the Imamul Madaris Society, Amroha (hereinafter referred to as the ''Society'). It has its own Scheme of Administration. The elections of the Committee of Management of the Institution were required to be held on the basis of the judgment rendered by the Court on 14th July, 2004 in Writ Petition No.29720 of 1997 connected with three other writ petitions namely Writ Petition No.51584 of 1999, Writ Petition No.45855 of 2002 and 31014 of 1997 in which the following direction was given :- "Now the question as to what directions should be given in the facts and circumstances of the case. Term of the Committee of Management has already come to an end and fresh elections are to be held. No directives can be issued for appointment of Authorised Controller for the purpose of holding fresh election as institution in question is Minority Institution. Further duly recognised committee is entitled to function, till its successors are elected. In this view of the matter, the Committee of Management, which was in control of the affairs of the institution prior to passing of the order dated 22.10.1999 shall proceed ahead to hold the election as per provisions contained in the Scheme of Administration under the supervision of the District Inspector of Schools, and conclude the election proceedings within three months from the date of receipt of a certified copy of this judgment, and thereafter entire papers be transmitted to the Regional Committee constituted under the Government Order dated 19.12.2000. In case any one has any grievance in respect to the aforementioned election, then liberty is given to him to make objection before the District Inspector of Schools, who will also transmit the same to the Regional Committee and the Regional Committee will proceed to take appropriate decision in the matter and in case it is found that the elections have been validly held then recognition would be accorded to it." (emphasis supplied)
(3.) IT would thus be seen that the Committee of Management which was in control of the affairs of the Institution prior to the passing of the order dated 22nd October, 1999 by the Joint Director of Education was directed to hold the elections of the Committee of Management of the Institution under the supervision of the District Inspector of Schools and conclude the proceedings within three months in accordance with the Scheme of Administration.;