Yashoda Nandan, J. - (1.) Petitioner No. 1 claims to have been duly elected Committee of Management and Petitioner No. 2 the Manager of Durgeshwarnath Intermediate College, Rudrapur district Deoria which is run by Respondent No. 5, a society registered under the Societies Registration Act. They claim to have been elected at a meeting held on the 3rd July, 1977 for a term of three years which would expire on the 3rd July 1980. The college is run under a Scheme of Administration to be now on described as the Scheme according to the context, framed under Section 16-A of the Intermediate Education Act (hereinafter referred to as the Act) which had received the approval of the Director of Education under Sub-section (5) of Section 16-A. Paragraph 21 of the Scheme admittedly was in the following terms:- "21. Decision of dispute relating to the right of management. (A) In case there is dispute relating to the right of Management of D.N.H.S.S. Rudrapur Distt. Deoria, the matter shall be referred to D.D.E. of the region. (B) The D.D.E. of the region shall on being satisfied that there is dispute relating to the right of Management and shall declare as such and appoint a competent person to manage the institution during the period of dispute. (C) Within a month of declaration by the D.D.E. that there is a dispute relating to the right of management, the General Body of Society shall hold a meeting and elect a new Committee of Management.
(2.) On the 3rd February, 1979 the Deputy Director of Education passed an order which was addressed to the District Inspector of Schools, Deoria, relevant portion of it as appears from Annexure 3 to the counter-affidavit filed by Bashishtha Lal Srivastava, Assistant Manager-cum-Joint Secretary of the Society--Respondent No. 5 on behalf of Respondent No. 4 was in the following terms:- VARNACULAR MATTER OMITTED Copies of this order were forwarded to the Lekhadhikari, Petitioner, No. 1, officiating principal of the college and Respondent No. 4. The Petitioners had filed an incomplete and inaccurate copy of the order.
(3.) By means of this petition, which was presented in this Court on the 8th February, 1979, the Petitioners have prayed for a writ of certiorari or any other order or direction or writ in the nature of certiorari quashing the order dated 3rd February 1979 passed by Respondent No. 1. There is a further prayer for a writ in the nature of mandamus commanding the Respondents not to interfere in the Petitioners' working as duly elected office-bearers of the Committee of Management. When this petition was admitted to hearing, an ex-parte interim order was passed by this Court staying the operation of the order dated 3rd February, 1979. The interim order was subsequently vacated. From the rejoinder-affidavit filed it appears that Respondent No. 1, by an order dated 2nd August, 1979 during the pendency of this petition, extended the appointment of Respondent No. 3 by a further period of six months.;