ASHWANI KUMAR MISHRA,J. - (1.) This writ petition is directed against an order passed by the District Inspector of Schools, Firozabad, dated 26th June, 2019, whereby petitioner's application, filed pursuant to orders passed by this Court in Writ Petition No. 16904 of 2019, has been rejected and the previous order passed by the Inspector on 29th March, 2019 is maintained. The previous order of Inspector, dated 29th March, 2019, holds that in view of the order passed by this Court on 23rd January, 2019, in Special Appeal No. 215 of 2018, the continuance of petitioner committee pursuant to elections held on 30th September, 2018 has become impermissible in law and, consequently the Inspector has invoked her authority under Section 5(1) of the U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 to pass an order of single operation. This order is assailed primarily on the ground that the petitioner management stood recognized by the Inspector on 17.10.2018, which is not challenged by anyone, and as there is no difficulty in payment of salary to the teachers and employees of the institution, as such, the invocation of authority under Section 5(1) of the Act of 1971 to pass an order of single operation is wholly arbitrary and unsustainable in law.
(2.) Before adverting to the legal proposition urged on behalf of the petitioner, it would be necessary to refer to the basic facts of the present case in the context of which the aforesaid dispute has arisen. There exists a society known as 'Thakur Biri Singh Educational Society, Tundla Firozabad, registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'society'). The society is running an Intermediate College namely 'Thakur Biri Singh Inter College' at Firozabad which is recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'institution'). The teaching and non-teaching staff of this institution is receiving salary from the State funds by virtue of the provisions contained in the U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 (hereinafter referred to as the Act of 1971). The educational institution is being managed in accordance with its recognized scheme of administration. The bye-laws of the society, as also the scheme of administration of the institution are contained in Annexures 1 and 2 to the writ petition in respect of which no dispute exists. The scheme of administration contains a definition clause wherein the society is defined in clause 2(8), as under:- ...[VARNACULAR TEXT OMITTED]...
(3.) Clause 5 of the scheme of administration provides for constitution of a managing committee. Sub-clause (2) of Clause 5 clearly provides that election of office-bearer will be made from the members of the society. Clause 5 (2) of the scheme of administration is reproduced hereinafter:- ...[VARNACULAR TEXT OMITTED]...;