Hon'ble A.P.Sahi - (1.) HEARD Sri Pradeep Kumar assisted by Sri Uma Nath Pandey, learned counsel for the petitioners and Sri S. P. Singh for the caveator, who had also earlier appeared in opposition in Writ Petition No. 65426 of 2010.
(2.) SRI S. P. Singh appears for the complainants namely Jugendra Pal Singh, Mahendra Singh, Darshan Pal Singh, Vijay Pal Singh and Ram Pal Singh. He submits that he does not propose to file any counter affidavit at this stage and the matter may be heard and disposed of finally. The same stand has been taken by the learned Standing Counsel. Accordingly, the matter is being disposed of finally with the consent of the parties. At this stage, it would be appropriate to clarify that the respondent No. 4 Harpal Singh is the Ex-Manager of the Institution, who had been elected in the Election held on 15.6.2007 and is directly related to the complainants in the manner as disclosed in paragraph 35 of the Writ Petition. In this view of the matter, it is not necessary to issue notice to the said respondent, as he was not even the complainant before the District Inspector of Schools and further his tenure having come to an end, he is not a proper nor a necessary party.
(3.) THE dispute relates to the elections of Committee of Management of Adarsh Kisan Inter College, Sohi, District Bulandshahar. THE undisputed facts are that on 15.6.2007, the previous elections had been held by the Authorized Controller, who was admittedly functioning in the Institution. THE respondent No. 4 Harpal Singh was elected as the Manager. THE Authorized Controller handed over charge to the said Committee of Management after approval and the attestation of the signatures of the respondent No. 4 on 29.8.2007. THE said Committee was continuing and the Scheme of Administration as per Clause 8 requires the out going Committee proceed to hold elections. THE Committee has to be constituted and take over charge within a period of three years and one month. It is the contention of the petitioners that the process of election had started and the District Inspector of Schools had been informed about the same whereafter the elections have been held on 22.8.2010. THE documents pertaining to the elections were submitted but no decision was being taken and on the contrary recommendation was made by the District Inspector of Schools on 6th August, 2010 to appoint an Authorized Controller due to the lapse of the period of three years and one month that was being counted w.e.f. 15.6.2007. THE Joint Director, Education passed an order on 28/30.8.2010 for making a recommendation to the State Government for appointing an Authorized Controller under;the Provision of Section 16-D. Aggrieved by the said action and inaction on the part of the competent authority, the petitioner approached this Court by filing Writ Petition No. 65426 of 2010. After hearing the petitioner and Sri S. P. Singh, learned counsel for the complainants and after noticing the aforesaid facts, the Court issued a direction to the respondent No. 2 therein namely District Inspector of Schools, Bulandshahar to pass appropriate orders. The submission raised on behalf of the petitioners was clearly to the effect that the tenure of the Committee of Management elected on 15.6.2007 commenced w.e.f. 29.8.2007 inasmuch as the said elections were recognized for the first time on 29.8.2007 by the District Inspector of Schools whereafter the Authorized Controller handed over charge to the then Committee of Management. Prior to the said date, the Committee had not functioned even for a single day. It is, therefore, submitted that the actual tenure in such peculiar circumstances would be governed by the law laid down by this Court in Division Bench Judgement in Committee of Management, Jangali Baba Intermediate College Garwar, District Ballia and another v. Deputy Director of Education, 5th Region, Varanasi and others, (1991)2 UPLBEC 1183. It is, therefore, submitted that the petitioner-Committee, which has been elected on 22.8.2010 had been constituted well within the time of three years and one month as per the Scheme of Administration.;