PANCHSHEEL INTER COLLEGE AND ANR. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2011-1-339
HIGH COURT OF ALLAHABAD
Decided on January 10,2011

Panchsheel Inter College And Anr. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) WRIT Petition No. 67616 of 2010 has been filed by the Committee of Management of Panchsheel Inter College, Fatehganj, Jaunpur (hereinafter referred to as the 'Institution') and Raj Narain Singh claiming himself to be its Manager for quashing the order dated 28th October, 2010 passed by the Joint Director of Education, Varanasi Region, Varanasi by which the Finance and Accounts Officer has been appointed as the Ex -officio Prabandh Sanchalak in the Institution and a direction has been issued to him to decide the membership and thereafter hold the elections within two months for constituting the Committee of Management of the Institution.
(2.) WRIT Petition No. 67617 of 2010 has been filed by the Committee of Management of the Institution and Raj Narain Singh claiming himself to be its Manager for quashing the decision taken by the Regional Level Committee on 28th October, 2010 by which the election of the Committee of Management of the Institution held on 17th October, 2009 with Raj Narain Singh as the Manager has not been approved for the reason that it was held by a time barred Committee and the membership was also in dispute. The Regional Level Committee has also not approved of the election of the Committee of Management of the Institution held on 18th October, 2009 with Narendra Bahadur Singh as the Manager. It is stated that the Society by the name of Panchsheel Shiksha Samiti, Fatehganj, Jaunpur which is registered under the provisions of the Societies Registration Act, 1860 established the aided Intermediate Institution Panchsheel Intermediate College, Fatehganj, Jaunpur which is governed by the provisions of U.P. Intermediate Education Act, 1921. The Institution has an approved Scheme of Administration in which initially the term of the Committee of Management of the Institution was three years but was later on amended to five years.
(3.) ON 1st August, 1996, the Deputy Director of Education appointed the Prabandh Sanchalak in the Institution to finalise the electoral college after including 27 life members who had participated in the 1980 election. This order of the Joint Director of Education was assailed in Writ Petition No. 26967 of 1996 which was dismissed on 26th August, 1998 with a direction to the Prabandh Sanchalak (District Inspector of Schools, Jaunpur) to determine the membership of the general body according to the amended Scheme of Administration dated 30th January, 1985. The Prabandh Sanchalak finalised the electoral college by the order dated 15th October, 1999 and held the election on 24th October, 1999 in which the Committee of Management with Raj Narain Singh as the Manager was approved. This order was assailed in Writ Petition No. 11425 of 2001 filed by Narendra Bahadur Singh which petition was dismissed on 2nd May, 2002 against which Narendra Bahadur Singh filed Special Appeal No. 658 of 2002.;


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