- (1.) This petition has been filed by a Committee of Management, Aley Ahmad Girls Inter College, Amroha, J.P. Nagar, which is a minority institution governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, through Rehan Ali Naqvi as the Manager. The Petitioner assails the order dated 11th February, 2011 passed by the District Inspector of Schools rejecting the elections set up by the Petitioner on 31st October, 2010 and accepting the elections of the Respondent No. 5 as held on the same date.
(2.) Sri W.H. Khan, learned Senior Counsel has advanced his submissions on behalf of the Petitioners and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Arun Kumar Singh, Advocate for the Respondent No. 5 and the learned Standing Counsel for the Respondent Nos. 1 to 4.
(3.) Sri W.H. Khan submits that the impugned order is without jurisdiction, inasmuch as, such a dispute could have been decided by the Regional Level Committee chaired by the Joint Director of Education in terms of the Government Order dated 20.10.2008 read with the Government Order dated 19.12.2000. He further submits that even otherwise, in view of the provisions of Sub-section (7) of Section 16-A of the U.P. Intermediate Education Act, 1921 whenever there is a rival calim or dispute with regard to lawful effective control over the affairs of the institution, the matter has to be decided by the Joint Director of Education, who is the authority now competent under the aforesaid provisions to resolve such disputes. Accordingly, the judgment of this Court dated 1.12.2010 passed in Writ Petition No. 69838 of 2010 cannot be construed to confer a jurisdiction on the District Inspector of Schools to decide the same, more so, when the learned single Judge himself has directed that a decision shall be taken by the District Inspector of Schools as may be warranted in accordance with law and in terms of the Government Order applicable. Sri Khan, therefore, submits that this does not amount to conferring a jurisdiction on the District Inspector of Schools to decide the dispute.;