- (1.) This writ petition is directed against an order passed by the District Inspector of Schools, dated 13/15.11.2019, contained in Annexure-14 to the writ petition, according to which there is no elected committee in existence, and therefore payment of salary is to be made under an order of single operation. This order is assailed on the ground that it suffers from malice in law and malice in fact. Submission is that order of the District Inspector of Schools otherwise ignores material facts on record and is in teeth of the directions issued by Division Bench of this Court in Special Appeal No.477 of 2017, alongwith connected writ petitions.
(2.) The institution herein is Sri Narain Sinha Inter College, Sarai Harkhu, District Jaunpur, which is recognized under the provisions of U.P. Intermediate Education Act, 1921 and the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act , 1971 are applicable upon it. The elections to constitute the Managing Committee of the institution was held in the year 2013 and the same was also recognized on 18.7.2013. The term of the elected committee was three years. It appears that model scheme of administration was adopted by the Managing Committee and the same was approved by the Joint Director of Education on 19.5.2016. As the term of three years was coming to an end, fresh elections were got conducted by the petitioner Committee, which is admittedly the recognized outgoing committee, on 25.5.2016. As per the scheme of administration the general body of the society and the institution is one and the same. The issue of legality of election was examined by the Regional Level Committee vide its order dated 13.4.2017 and three questions were specifically framed to examine the legality of election. The first question was with regard to election meeting being convened by the valid and authorized person. On this question the Regional Level Committee held that petitioner being the Outgoing Manager has rightly convened the election meeting. However, on the other two aspects i.e. whether valid members have participated, and that the election was otherwise in accordance with the scheme of administration, the Regional Level Committee refused to examine the question on the ground that a dispute with regard to electoral college of the society was pending before this Court. The order of the Regional Level Committee dated 13.4.2017 was challenged by petitioner in Writ Petition No.17951 of 2017, wherein an interim order came to be passed on 28.7.2017. It is against this interim order that Special Appeal No.477 of 2017 was filed and the Division Bench proceeded to hear the appeal and the writ petitions together. By a detailed judgment, the Division Bench prescribed the course available for resolution of dispute. It would be apposite at this juncture to notice the operative portion of the order passed by Division Bench on 11.9.2017:- "Be that it may, since now all the proceedings are before us, we have carefully gone through the challenge which has been made to the electoral college as determination under the order dated 4.7.2017. The Deputy Registrar has not recorded any reasons as to why the list as submitted by Gopi Chandra Mishra of 60 members were correct. While disapproving the list submitted by Prem Shanker Mishra of 109 members on the ground that no material evidence has been brought in support thereof in our opinion, cannot be legally sustained. The minimum expected from the Deputy Registrar was to apply the same standard in the matter of determination of the legality of the list submitted by the contesting parties. If the list submitted by Prem Shanker Mishra was not to be accepted for want of material supporting document than the same principle should have also been applied to the list submitted by Gauri Shanker Mishra and the Deputy Registrar should have insisted upon to Sri Gauri Shanker Mishra to produce the relevant records on the basis whereof, it was being claimed that 60 members were valid members of the Society. After the documents are filed, the minimum required is to consider the document by means of reasoned order and then to record the finding with regard to the legality of the membership or otherwise. Since such a course has not been adopted and in the meantime elections of the Committee of Management have already taken place and the Committee of Management so elected is in effective control of the Institution as on date and further since the list of elected office bearers has been registered under Section 4 of the Societies Registration Act, we deem it fit and proper to dispose of the writ petitions as well as Special Appeal by issuing following directions. Faction led by Prem Shanker Mishra may make a reference application before the Prescribed Authority supported by such document as may be advised both in respect of membership of the general body of the Society as well as in respect of the election which are said to have been held on 10.6.2015 within two weeks along with a certified copy of this order. The Prescribed Authority shall on the receipt of the representation forwarded a copy of the same to the faction led by Sri Gopihand Mishra who may respond to the same supported by such document as may be advised within two weeks thereafter. The Prescribed Authority shall also call for records from the Office of the DIOS as well as Assistant Registrar concerned after affording opportunity of hearing to the parties concerned and decide the issues with regard to the legality of the electoral college as well as in respect of this procedure adopted in respect of the elections held on 2015. The said exercise shall be completed within 8 weeks of the receipt of the papers as indicated above. The Prescribed Authority shall pass a reasoned order. All consequential action under the Societies Registration Act shall be taken accordingly. A copy of the order of the Prescribed Authority shall also be transmitted to the Regional Level Committee which shall take an appropriate decision in terms thereof within a further period of 4 weeks. We may record that if the Prescribed Authority comes to the conclusion that the electoral college of 60 members which has held the election is not legal. The Regional Level Committee would be obliged to disapprove the elections automatically and get the fresh elections held in accordance with law. If the answer is otherwise the regional Level Committee shall proceed to examine the issue with regard to the procedure adopted in the elections and shall pass a reasoned order. Till the matter is decided by the Prescribed Authority/Regional Level Committee as indicated above status quo as on date both with regard to the office bearers of the Society as well as with regard to the Committee of Management of the Institution shall be maintained. This Special Appeal is disposed of."
(3.) Pursuant to the orders passed by the Division Bench the petitioner Committee of Management was again recognized and is managing the institution, particularly as the term of five years has not yet expired. The legality of election conducted on 25.5.2016 is yet to be tested, in view of the fact that the reference permitted to be made by Prem Shanker Mishra has not been decided. At this juncture, it would be relevant to note that armed with the order dated 11.9.2017, Prem Shanker Mishra made a reference before the prescribed authority, which has been rejected by the prescribed authority on 10.6.2019 on the ground that reference is not made by 1/4th valid members of the society. Immediately thereafter, a fresh reference has been made by Prem Shanker Mishra with the support of 1/4th members on 5.7.2019, which is pending.;