V.M.Sahai, J. - (1.) The question that arises for consideration in this petition is whether amendment in the Scheme of Administration under, Section 16-A (5) of the U.P. Intermediate Education Act, 1921 can be made only by the Director of Education or by the Regional Joint Director of Education as well ? And what should be the term of Committee of Management of an institution in absence of any period prescribed under the Act or Regulations framed under it ?
(2.) Baheri Education Society. Baheri, District Bareilly is a society registered under the Society Registration Act, 1860 and it runs and manages an education institution known as Mahatma Gandhi Memorial Inter College, Baheri, District Bareilly (in brief institution). The institution has a Scheme of Administration approved on 7.8.1986 by the Deputy Director of Education, District Bareilly. In the Scheme of Administration is clause 9 it is provided that the term of committee of management would be three years. It further provided that the term of every office bearer would continue till next election but such period would not be more than one month i.e. three years one month. The committee of management of the institution was elected on 16.2.199-7, Shri Gajendra Singh elected as Manager and the Deputy District Magistrate, Bahcri was to be ex-officio President. The District Inspector of Schools, Bareilly (in brief DIOS) recognised the election on 9.4.1997. The management lodged First Information Report against the officiating Principal Sri Jasmel Singh on 26.11.1998 under Section 406 I.P.C. The ex-officio President did not convene the meeting, therefore, the manager convened the meeting for 24.1.1999 in which Sri Jasmel Singh was suspended. The management submitted the papers to the DIOS for approval. The suspension was not approved.
(3.) On 20.5.1999 the general body of the society passed a resolution for enhancing the term of the committee of management from three years to five years. The resolution was sent to the Regional Joint Director of Education (in brief RJDE) on 11.12.1999 for amendment in Clause 9 of the Scheme of Administration. This resolution of the management is not on record. But it admittedly was rejected on 28.1.2000 by the RJDE. The reason for rejection of the resolution, as mentioned in the order, is that many complaints had been received against the committee of management and the matter of lodging the First Information Report against the management was pending consideration before the DIOS, therefore, the application of the management for enhancing the term of the committee of management from three years to five years was not proper.;