Dilip Gupta, J. - (1.) THE Committee of Management of Janta Adarsh Inter College, Kapsar, District Meerut (hereinafter referred to as the 'Institution') through its Manager has filed this petition for setting aside the order dated 23rd December, 2009 passed by the Joint Director of Education, Meerut as also the Government Order dated 4th August, 2003. The petitioner has also sought a direction upon the respondents to permit the petitioner -Committee of Management to continue upto 21st October, 2013.
(2.) IT is stated in the petition that the Institution is recognised under the provisions of the U.P. Intermediate Education Act, 1921 and receives grant in aid from the State Government. It has its own Scheme of Administration for managing the affairs of the Institution. Clause 8 of the Scheme of Administration provides that the term of the Committee of Management shall be three years but the office bearer shall continue for further period of one month but if within a period of three years and one month, newly elected Committee of Management does not take charge, then the term of the existing Committee of Management shall automatically come to an end and a Prabandh Sanchalak to be nominated by the Joint Director of Education who shall have the powers of the Committee of Management. It is also stated that the Committee of Management in its meetings held on 6th June, 2004, 16th January, 2009 and the General Body in its meetings held on 16th June, 2004 and 13th February, 2009 resolved to amend various Clauses of the Scheme of Administration including Clause 8 which provides for term of the term of the Committee of Management of the Institution by extending it from three years to five years. The Joint Director of Education by his letter dated 23rd December, 2009 approved the amendments, but the amendment made in Clause 8 has been made operative for the Committee of Management elected subsequent to the resolution and will not apply to the tenure of the existing Committee of Management. The Joint Director of Education has passed an order on the basis of the communication dated 4th August, 2003 sent by the Director of Education (Madhyamik) U.P. Lucknow.
(3.) SRI N.L. Pandey, learned Counsel for the petitioner submitted that the Government Order dated 4th August, 2003 in so far as it imposes a restriction that any amendment relating to the term of the Committee of Management will be applicable for the elections held subsequently and not for the existing Committee of Management deserves to be set aside as any amendment in the Scheme of Administration of the Institution comes into effect immediately. In support of this contention he has placed reliance upon a Division Bench Judge of this Court in Committee of Management of M.M. I. Inter College, Nehtour, District Bijnor v. Deputy Director of Education and Ors., (1995) 1 UPLBEC 162 and an interim order passed by this Court on 29th September, 2003 in Writ Petition No. 44650 of 2003 (C/M, Kakori Shahid Intermediate College, Jalalabad v. State of U.P. and Ors.). He, therefore, submits that reliance placed by the Deputy Director of Education on the said Government Order while granting approval to the amendments made in the Scheme of Administration of the Institution by the order dated 23rd December, 2009 is not justified and the term of the present Committee of Management should be taken as five years instead of three years and one month and the Committee of Management should be allowed to continue upto 2013.;