R.K. Agrawal, J. - (1.) Present special appeal has been filed against the judgment and order dated 2nd April, 2010 passed by the learned single Judge, whereby the writ petition preferred by the Committee of Management, Samajwadi Inter College, Gabhiran, Jaunpur through its Manager Sri Ram Prasad Singh and another challenging the order dated 25th /28th March, 2009 passed by the District Inspector of Schools as also the order dated 9th February, 2009 passed by the Prabandh Sanchalak was allowed and the aforementioned two orders were set aside by the learned single Judge. The writ Petitioners have also filed cross objections seeking certain modifications in the impugned judgment and order passed by the learned single Judge. Their prayer is to set aside the direction given by the learned single Judge to the District Inspector of Schools, Jaunpur to pass a fresh order. Further a mandamus be issued commanding the Joint Director of Education, Varanasi Region, Varanasi to appoint Prabandh Sanchalak to take over the Committee of Management of the Institution namely, Samajwadi Inter College, Babhiram, District Jaunpur and to proceed to hold election of the Committee of Management on the basis of list of members finalized vide order dated 15.10.2008 within a time bound period.
(2.) As both the contesting parties have challenged the order passed by the learned single Judge on the question which has been decided against them, the entire matter has to be decided denovo in these proceedings.
(3.) Briefly stated the facts giving rise to the present appeal are as follows: Samajwadi Inter College, situated at Gabhiran in the district of Jaunpur (hereinafter referred to as the Institution) is a recognised Institution and is governed by the provisions of the U.P. Intermediate Education Act, 1921 and other allied Statutes. It is managed by a Committee of Management constituted under the approved Scheme of Administration. In the Scheme of Administration the term of the Committee of Management of the Institution has been stipulated as three years and if the election is held within one month and in case for any reason the newly elected Committee of Management does not take over the charge, the term of the existing Committee of Management ceases to exist and a Prabandh Sanchalak nominated by the Joint Director of Education of the region shall take over the charge of the Committee of Management of the Institution. According to the writ Petitioners undisputed election was held on 22nd October, 2004, which was duly recognised by the District Inspector of Schools. Fresh election has been held on 21st October, 2007 in which Sri Bhagwati Prasad Singh was elected as the President and Sri Ram Prasad Singh was elected as the Manager. The papers were sent to the District Inspector of Schools on 23rd April, 2008 which in turn was forwarded to the Regional Level Committee for decision. This was necessitated because one Sri Vijendra Singh who has been arrayed as Respondent No. 5 in the writ petition claimed that the election was held on 9th January, 2008 in which he was elected as Manager. The Regional Level Committee approved the election of the Committee of Management with Sri Vijendra Singh as the Manager and the election of the Petitioner's Committee of Management was discarded. This decision of the Regional Level Committee was challenged by the Petitioners in Writ Petition No. 10739 of 2008 which was allowed vide judgment and order dated 8th April, 2008 and it was held that none of the elections were held in accordance with law. A direction was, therefore, given to the Joint Director of Education to appoint a Prabandh Sanchalak for holding fresh election within six weeks. Pursuant to the aforesaid judgment and order of this Court dated 23rd April, 2008, the Joint Director of Education appointed the Finance and Accounts Officer in the office of the District Inspector of Schools as the Prabandh Sanchalak and he was directed to hold the election of the Committee of Management of the Institution. The Prabandh Sanchalak issued a notice dated 25th July, 2008 to the parties demanding the list of members of the General Body so that the electoral college could be finalised for the purposes of holding the election of the Committee of Management of the Institution. Vide order dated 15th October, 2008 the Prabandh Sanchalak finalised the electoral college of 32 members.;