- (1.) Heard Sri N.L. Pandey, learned counsel for the petitioner and Sri K.P. Shukla, appearing on behalf of Caveator as well as learned Standing Counsel, appearing on behalf of the State respondents. By means of the present petition, the petitioner is challenging the order dated 23.11.2011, passed by the District Inspector of Schools, Muzaffar Nagar, cancelling his own order dated 14.11.2011 by which he has approved the term of the Committee of Management for five years on the basis of the amended bye-laws and further directed the Committee of Management to give names of three officers for holding the election so that the permission for holding the election, within the stipulated period, may be given.
(2.) The brief facts, giving rise to the present case, are that the petitioner is a Society and is running an institution in the name of Sarswati Inter College, Pipalhera, Kakrala, Khatauli, Muzaffar Nagar, recognised by the Board of High School and Intermediate, getting the grant-in-aid and is registered under the U.P. Act No. 17 of 1971. Under the scheme of administration, the term of the Committee of Management was three years. The last election of the Committee of Management was held in 2008 and was approved on 20.11.2008 by the District Inspector of Schools. By the resolution passed by the Committee of Management, an amendment has been made in the scheme of administration, amending the term of the Committee of Management from three years to five years. The said amendment has been approved by the Joint Director of Education vide order dated 15.10.2011. By the order dated 14.11.2011, the District Inspector of Schools, Muzaffar Nagar has approved the term of the Committee of Management for five years, in view of the amendment of Clause 8 of the scheme of administration, which has been approved by the Joint Director of Education. Thereafter, one Sri Prem Kumar, Son of Bhagmal Singh, life member of the Society, vide letter dated 18.11.2011, requested the District Inspector of Schools to hold the election as the term of three years has expired. On the said letter, the impugned order has been passed.
(3.) Learned counsel for the petitioner submitted that once the amendment in the scheme of administration has been approved by which the term of the Committee of Management has been extended from three years to five years, the term of five years has rightly been approved by the District Inspector of Schools vide his order dated 14.11.2011 and the cancellation of the said order is not justified.;