Dilip Gupta, J. - (1.) WRIT Petition No. 29384 of 2010 has been filed by the Committee of Management, Ansar Inter College, Moradabad and Israr Husain claiming to be its Manager, for setting aside the decision taken by the Regional Level Committee on 5th May, 2010 by which the representation filed by Israr Husain has been rejected and a direction has been issued to the District Inspector of Schools for holding fresh elections of the Committee of Management of the Institution within two months from amongst the 123 members of the General Body.
(2.) WRIT Petition No. 33470 of 2010 has been filed by Iftekar Husain and ten others for also challenging the aforesaid decision taken by the Regional Level Committee on 5th May, 2010 and for quashing the consequential publication dated 21st May, 2010 regarding holding of the elections of the Committee of Management of the Institution on 8th June, 2010. It is stated that a registered Society known as 'Ansar Vernacular Middle School, Moradabad', which is a Society registered under the provisions of the Societies Registration Act, 1860, established the "Ansar Inter College, Moradabad" (hereinafter referred to as the 'Institution') which is an Intermediate College, governed by the provisions of the U.P. Intermediate Education Act, 1921. The Institution has its own Scheme of Administration. On 19th July, 1999, the District Inspector of Schools approved the list of 115 members of the General Body and after the death of 7 members, the list of 108 members was approved by the Joint Director of Education by the order dated 29th October, 2003. The elections of the Committee of Management of the Institution were held on 29th July, 1999 on the basis of the aforesaid list of 115 members and petitioner No. 2 in Writ Petition No. 29384 of 2010 Israr Husain was elected as the Manager and Moin Uddin was elected as the President. Subsequently, the elections of the Committee of Management of the Institution were held on 8th December, 2003 from the list of 108 members as 7 members of the General Body had died in the meantime. It is claimed that petitioner No. 2 -Israr Husain was again elected as the Manager but the District Inspector of Schools on 3rd January, 2004 attested the signatures of Moin Uddin who claimed to have been elected as the Manager on 18th August, 2003. This order dated 3rd January, 2004 passed by the District Inspector of Schools was assailed by the Committee of Management with Israr Husain as the Manager in Writ Petition No. 2355 of 2004 in which an interim order was passed on 2nd April, 2004 staying the operation of the impugned order dated 3rd January, 2004 and it was further directed that the Institution shall be managed by the District Inspector of Schools, Moradabad. Writ Petition No. 2355 of 2004 was ultimately allowed on 4th November, 2008.
(3.) IT transpires that pursuant to the directions issued on 10th December, 2008 in Special Appeals filed by Moin Uddin, the Regional Level Committee directed the District Inspector of Schools, by the order dated 20th August, 2009, to hold elections in accordance with the electoral college of 121 members as declared by the District Inspector of Schools by the order dated 25th April, 2003. This order was assailed by the petitioners in Writ Petition No. 51965 of 2009 which was allowed by the judgment and order dated 15th October, 2009 and the matter was remitted to the Regional Level Committee to pass a fresh order.;