GUPTA,J. - (1.) WRIT Petition No.55706 of 2004 has been filed by the Committee of Management of Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur and Parmanand claiming to have been elected as Manager of the Committee of Management of the Institution for quashing the order dated 17th November, 2004 passed by the Joint Director of Education, Varanasi by which the two elections held for constituting the Committee of Management of the Institution have not been approved and the District Inspector of Schools has been appointed as Prabandha Sanchalak for holding the elections within a period of four months since the term of the Committee of Management elected earlier had expired. Writ Petition No.21209 of 2010 has been filed by the Committee of Management of Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur and Parmanand for quashing of the order dated 16th March, 2010 passed by the Joint Director of Education, Varanasi by which the Principal of the Government Inter College, Jakhani, Varanasi has been appointed as the Prabandha Sanchalak of the Institution in place of the District Inspector of Schools, Varanasi who had earlier been appointed as the Prabandha Sanchalak in the Institution by the order dated 17th November, 2004. A further direction has been sought upon the respondents to recognise the Committee of Management of the Institution with petitioner no.2-Parmanand as the Manager and to take a decision with regard to the holding of fresh elections before the expiry of the term of the present Committee of Management.
(2.) IT is stated that Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur (hereinafter referred to as the ''Institution') is recognised under the provisions of the U.P. Intermediate Education Act, 1921 and receives aid from the State Government. It has its own Scheme of Administration which provides that the term of the office bearers and members of the Committee of Management of the Institution shall be three years but on expiry of the aforesaid period, the office bearers can continue for a further period of one month. However, if within this period of three years and one month the newly elected Committee of Management does not take charge, then the term of the Committee of Management shall automatically come to an end and the Deputy Director of Education shall nominate a person as Prabandha Sanchalak for managing the affairs of the Institution who shall constitute the Committee of Management of the Institution at the earliest and handover charge to it but if there is a dispute, he shall handover charge to such Committee of Management in whose favour order is passed by the Deputy Director of Education. It is further stated that the elections of the Committee of Management of the Institution were held on 20th January, 1999 in which Ram Roop was elected as the President and Parmanand was elected as the Manager. One Shambhu Dutt Mishra raised a dispute and the Joint Director of Education by the order dated 25th July, 1999 approved the elections of the Committee of Management held on 20th January, 1999 with Parmanand as the Manager. The next elections of the Committee of Management of the Institution were held on 3rd February, 2002 in which Raja Ram was elected as the President and Parmanand was elected as the Manager. Papers were submitted before the District Inspector of Schools but one Shambhu Dutt Mishra also submitted papers regarding the elections of the Committee of Management of the Institution in which he claimed to have been elected as the Manager. The matter was referred by the District Inspector of Schools to the Joint Director of Education but during the pendency of the proceedings before the Joint Director of Education, Ram Roop who had also been elected as the President in the elections held on 20th January, 1999, died on 8th July, 2002.
(3.) IT needs to be mentioned that the Joint Director of Education, Varanasi also appointed the District Inspector of Schools as the Prabandha Sanchalak for holding the elections of the Committee of Management by the order dated 30th October, 2002. This order was assailed by the petitioners in Writ Petition No.49019 of 2002 which was allowed by the judgment and order dated 18th November, 2002 with the following observations:- "Before passing of the impugned order dated 30.10.2002 appointing Authorised Controller, no opportunity has been given to show cause against the recommendation to that effect. Such provision is specially made in clause 20 of the Scheme of Administration. In the circumstances, after hearing learned counsel for the petitioners and Sri D.S.M. Tripathi, appearing for the respondents, the impugned order dated 30.10.2002 (Annexure-15 to this writ petition) is quashed. If the tenure of the earlier Committee of Management has expired, consequent action may be taken as permissible in law in accordance with the procedure given. If the decision under Section 16-A(7) is pending the same may also be taken expeditiously. The writ petition is allowed, as above." ;