Dilip Gupta, J. - (1.) WRIT Petition No. 1901 of 2010 has been filed for setting aside the decision taken by the Regional Level Committee on 11th December, 2009 by which the order dated 13th February, 2009 passed by the District Inspector of Schools, Fatehpur approving the elections of the Committee of Management of the Gramudyogik Inter College, Ashok Nagar, Bharsawan, Fatehpur (hereinafter referred to as the 'Institution') held on 8th February, 2009 with petitioner No. 2 -Nand Kishore Verma as Manager, has been set aside and a recommendation has been made for appointment of an Authorised Controller under Section 16 -D of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act'). A further direction has been issued that till the dispute about the membership of the General Body of the Society is not resolved by the Assistant Registrar, Firms, Societies and Chits, Allahabad (hereinafter referred to as the 'Assistant Registrar') and fresh elections are not held under the supervision of the District Inspector of Schools, the salary account of the Institution shall be operated singly.
(2.) WRIT Petition No. 40072 of 2010 has been filed for setting aside the order dated 30th June, 2010 passed by the District Inspector of Schools by which, pursuant to the decision taken by the Regional Level Committee on 11th December, 2009, permission has been granted to Amit Kumar Shukla to perform all the administrative works in accordance with Clause 7 of the Scheme of Administration of the Institution till the Authorised Controller is appointed or the Committee of Management takes charge after the fresh elections are held. In the elections of the Committee of Management of the Institution held on 27th September, 2001, petitioner No. 3 -Kashi Prasad Mishra was elected as the President while respondent No. 5 -Amit Kumar Shukla was elected as the Manager. The term of the Committee of Management of the Institution under Clause 7 of the Scheme of Administration of the Institution is three years but the office bearers can continue in office till the successors are elected. It is stated that though petitioner No. 3, as the President of the Committee of Management of the Institution, repeatedly issued directions to the Manager of the Institution to hold fresh elections after the expiry of the three years but such elections were not held and so the District Inspector of Schools by the order dated 3rd July, 2007 directed the President to initiate process of elections. The President then issued directions to the Manager but despite such directions, elections were not held. The District Inspector of Schools, therefore, made recommendation to the Joint Director of Education for appointment of an Authorised Controller and an order for single operation of the salary account of the Institution was also passed on 27th September, 2007. Subsequently, petitioner No. 3 as the President of the Committee of Management of the Institution, exercising powers under Clause 15 of the Scheme of Administration of the Institution, called a meeting of the General Body and the General Body fixed 8th February, 2009 for holding fresh elections. The election programme was sent to all the members of the General Body and a request was also made to the District Inspector of Schools to appoint an Observer. The District Inspector of Schools appointed J.S. Kushwaha, Lecturer in the Government Inter College, as an Observer for the election and the elections were held on 8th February, 2009 in which petitioner No. 2 -Nand Kishore Verma was elected as the Manager and petitioner No. 3 -Kashi Prasad Mishra was re -elected as the President. The District Inspector of Schools then approved the elections and attested the signatures of petitioner No. 2 -Nand Kishore Verma as the Manager.
(3.) HOWEVER , the outgoing Manager Amit Kumar Shukla, respondent No. 5, filed a representation before the Secretary, Government of U.P. mentioning therein that the elections of the Committee of Management of the Institution were held on 7th February, 2009 in which he was elected. The Secretary referred the matter to the Joint Director of Education who by the order dated 3rd March, 2009 held that the attestation of signatures of petitioner No. 2 -Nand Kishore Verma by the District Inspector of Schools was not correct and restored the status quo ante as was existing prior to 13th February, 2009 which is the date on which the signatures of petitioner No. 2 were attested by the District Inspector of Schools.;