- (1.) The present special appeal has been filed against the judgment and order dated 11.2.2010 passed by the learned single Judge whereby the writ petition preferred by the present appellants herein have been disposed of with certain observations. Briefly stated facts given rise to this appeal are as follows: There is an institute known as T.G.C.J.S. Hindu Inter College. Amroha J. P. Nagar (hereinafter referred to as the 'Institution') which is recognized under the provisions of U.P. Intermediate Education Act, 1921 and payment of salary to teachers and other staff is being made under the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. The institution is being run by the society known as Tej Ram George Coronation Hindu School and J.S. Hindu Inter College, Amroha, J.P. Nagar. The term of elected Committee of Management came to an end sometime in May, 2009. Fresh elections were not notified by the Committee of Management. However, though the Committee of Management of the Institution published in newspaper for holding the elections on 6.2.2010 notifying schedule, the District Inspector of Schools vide order dated 28.1.2010 had finalised the list of the members of the electoral college. The present appellants had challenged the order dated 28.1.2010 passed by the District Inspector of School by which about 145 life members were alleged to have been excluded from the electoral college. The learned single Judge after considering the arguments made by the respective parties had disposed of the writ petition with a direction to hold the election as per list of members finalised by the District Inspector of Schools and if there is any objection regarding members the same be raised before the Regional Level Committee. So far as the objection that the Committee of Management could not have held the elections, the learned single Judge directed the Joint Director of Education to appoint an independent officer other than Ratan Lal Rai, Principal Gram Udai Inter College, Gangeshwari, J. P. Nagar to hold the elections of the Committee of Management of the Institution. The learned single Judge, however, observed that if the officer so appointed feels that the elections cannot be held on the date notified, he shall be at liberty to notify a fresh schedule but the elections shall be held within a period of one month.
(2.) We have heard Sri W. H. Khan, learned senior advocate assisted by Sri J. H. Khan and Sri Gulrej Khan on behalf of the appellants, learned standing counsel who represents respondents No. 1, 2, 3 and 4 and Sri Irshad All, who represents respondents No. 5 and 6.
(3.) Sri W. H. Khan, learned senior advocate submitted that the Committee of Management had no business nor was justified to change the election schedule; once it is permitted it expires and therefore elections be held by an independent officer appointed by the Joint Director of Education according to the already published schedule is wholly illegal and cannot be permitted. He further submitted that elections have to be held in accordance with the scheme of administration which in the present case had not been followed.;