SHISHIR KUMAR,J. - (1.) THIS writ petition has been filed for quashing the order dated 30.8.2010, passed by Joint Director of Education, Varanasi Region, Varanasi (Annexure-12 to writ petition). Further, a writ in the nature of mandamus commanding respondents not to interfere in the functioning of petitioners as Committee of Management of Sri Ram Janki Inter College Sarokhanpur Badlapur, district Jaunpur.
(2.) SRI Ram Janki Inter College, Sarokhanpur, Badlapur is a recognised and aided educational institution governed under the provisions of U. P. Intermediate Education Act, 1921 and U. P. Act No. 24 of 1971. The institution is run by temporary approved Scheme of Administration framed under the Act. Same has been approved by Deputy Director of Education on 8.12.1962. Subsequently, after enforcement of U. P. Act No. 1 of 1981, amendments were directed under the order of the Deputy Director of Education, Varanasi Region, Varanasi vide letter dated 25th January, 1985. A copy of same has been annexed as Annexure-2 to writ petition. Under the Scheme of Administration, the institution was to be managed by a Committee of Management for a term of three years. In the year 2002, a proceeding was initiated for amending the Scheme of Administration and the term of Committee of Management in place of three years, was made five years. All papers pertaining to such amendments were submitted to the District Inspector of Schools to be forwarded to the Joint Director of Education, Varanasi for its approval and same has been approved by order dated 30.7.2002. Consequence there of it will be presumed that the Scheme of Administration is to be amended and term of Committee of Management has been extended to be five years. According to Scheme of Administration, elections were held on 2.10.2004 in which the Committee of Management as Surendra Mani Dubey as President, Gyananand Shukla, petitioner No. 2 as Manager were elected. Same was approved by the Regional Level Committee vide its order dated 10.11.2004. There was no challenge to the order so there was no dispute regarding the election dated 2.10.2004. Fresh elections were due in the year 2009 and the meeting of Committee of Management was held on 2.10.2009 and decision was taken to hold fresh election. The District Inspector of Schools accorded permission for publication of the election schedule and it was published in the newspaper on the schedule date, election was held on 25.10.2009 and papers were sent to District Inspector of Schools for necessary action. According to petitioners, no other election has been held but a fabricated election alleged to be held in which Committee of Management with Shashidhar Tripathi as President and Grija Shanker Pathak as Manager have been elected. In such circumstances, papers were forwarded to the Regional Level Committee for passing appropriate orders. The Regional Level Committee vide its order dated 30.8.2010 has discarded both the election and directed that the Prabandh Sanchalak will be appointed and fresh election will be held. The said order is under challenge by the petitioners on the ground that the impugned decision by the Joint Director of Education and District Inspector of Schools is not an order passed by Regional Level Committee being fact that Deputy Director of Education did not even take part in hearing because as the order bear his signature, therefore, it can easily be treated that it is not a decision in consonance of the Government order treating the order of Regional Level Committee. Entire proceedings set up by Girja Shankar Pathak are wholly fabricated proceeding, even otherwise, Girja Shanker Pathak has no authority to vitiate the whole election proceeding. Their exists no justification by respondents authorities for holding that the Committee of Management elected in the year 2004 have become time barred in November, 2007.
(3.) SRI Khare learned counsel appearing for petitioners submits the Scheme of Administration was amended by the order of the Joint Director of Education dated 20th July, 2002 and in 2004 election was held and petitioners' Committee of Management, their signatures were attested, therefore, it is clear that term of Committee of Management is five years and claim of petitioners' Committee of Management cannot be rejected on the ground holding therein that as term of Committee of Management is only for three years, therefore, in view of settled principle of law, election cannot be held under the supervision of the petitioners' Committee of Management treating term as five years. According to Section 16A (5), requirement is only to get approval by the competent authority in the Scheme of Administration, if any, and if it is approved then it cannot be held or argued that amendment in the Scheme of Administration approved by 20th July, 2002 is not in consonance of the Act. Further, admittedly Scheme was amended and was approved by the Joint Director of Education by order dated 20th July, 2002 and nobody has raised any objection and in 2004 election was held and petitioner's Committee of Management was elected and signatures were attested by competent authority, therefore, in 2009 election cannot be held invalid by respondents on the ground that scheme of Administration was not properly amended extending the term from three years to five years. Therefore, finding recorded to this effect that documents are not available regarding initiating a proceeding for the purpose of amendment, is not correct. Further, finding recorded by respondents is not sustainable in law in view of fact that, in case, after approval of the amendment, by the Joint Director of Education if it is annexed to the Scheme of Administration and it has not been incorporated in the place where it should have been done, an inference cannot be drawn that no amendment has been made according to law.;