Anshuman Singh - (1.) SINCE the question involved in all the aforesaid three writ petitions relate to the same institution and they are also between the same parties and with the consent of the learned counsel for the parties, they are being disposed of by a common judgment. In all the three writ petitions counter and rejoinder affidavits have been exchanged between the parties.
(2.) WRIT Petition No. 19669 of 1991 is directed against the order dated July 20, 1991 (Annexure '10' to the writ petition) passed by the Inspector of Schools, Ghazipur referring the matter of the Deputy Director of Education under section 16-A (7) of the U. P Intermediate Education Act for deciding the dispute regarding the actual control of the Committee of Management and in the meantime directed Dwarkanath Rai, petitioner no. 2, Manager of the said College, not to function till the dispute is decided. Briefly stated the facts are that there is an institution known as "Inter College, Mohammadabad, District Ghazipur" which is duly recognised institution and is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the Regulations framed thereunder from time to time. It has been alleged that the present committee of management is being managed by Dwarka Nath Rai and Lakshman Rai, who are Manager and the President respectively. Last election of the committee of management is alleged to have taken place in 1988 and the persons selected as Manager and President in the aforesaid election were duly recognised by the District Inspector of Schools by his order dated 13-7-1988. According to the petitioners to term of the committee of management was to expire on 17-6-1991. It appears that before the election for the next term could take place some more members were enrolled. It has further been alleged that the election took place for the next term on 16-6-1991 but it appears that some order was passed by the District Inspector of Schools on May 31, 1991, staying the election proceedings. However, ultimately the impugned order dated July 20, 1991 was passed. The said order was challenged by the petitioners in this writ petition. After the counter and rejoinder affidavits had been exchanged in this writ petition, it was admitted on July 29, 1991 and on the stay application the following order was passed :- "I have heard learned counsel for the parties and perused the impugned orders. In the instant case the dispute is between the two rival committees of Management which has been referred to the Deputy Director of Education Vth Region, Varanasi by the District Inspector of Schools, Ghazipur by his order dated 20-7-1991. Once the matter has been referred to the Deputy Director of Education by the District Inspector of Schools, he ceases to have any jurisdiction over the matter. In view of the said fact the District Inspector of Schools will have no jurisdiction to direct either of the parties to function. It is for the Deputy Director of Education to decide as to which the rival committee should be allowed to function, during the pendency of the dispute. I, therefore, stay the operation of the order dated 20-7-1991 passed by the District Inspector of Schools in so far as it directs the petitioner committee of management not to function and also direct the Deputy Director of Education to pass suitable orders as to which the committee of management is entitled to function during the pendency of the dispute." It appears that in pursuance of the aforesaid order of this Court dated July 29, 1991. the Deputy Director of Education, Varanasi passed an order on August 16, 1991 a copy of which has been filed as Annexure '5' to writ petition No. 23065 of 1991 which has been filed by Awadh Kishore Rai claiming himself to be the Manager of the committee of management of the institution in question, by which he appointed a Prabandh Sanchalak in the institution. The Deputy Director' of Education again on August 22, 1991 passed an order through which he reviewed his earlier order dated August 16, 1991 and ordered that the aforesaid committee of Management would be managed by the committee headed by Dwarka Nath Rai and stayed the operation of the order dated August 16, 1991. This order dated August 22, 1991 has been challenged by Awadh Kishore Rai in Writ Petition No, 23065 of 1991:
(3.) DWARKA Nath Rai alleging himself to be Manager to the Committee of Management of the institution, who had filed writ petition no; 19669 of 1991 filed another writ petition being writ petition No. 23200 of 1991 challenging the order of the Deputy Director of Education dated 16-8-1991 through which Prabandh Sanchalak was appointed. I have heard Sri B. N. Rai, learned counsel for the petitioner in writ petition no 23065 of 1991 and Sri R. N. Singh learned counsel appearing for the petitioners in writ petition nos. 19669 and 23200 of 1991 and for respondent no. 3 in writ petition no. 23065 of 1991. Mr. B. N. Rai learned counsel for the petitioner, in writ petition no. 23065 of 1991 straneously contended that the Deputy Director of Education, Varanasi Region V had acted illegally and without jurisdiction in reviewing his order dated August 16, 1991 by order dated August 22, 1991. He contended that the order dated August 22, 1991 was passed in flagrant violation of the principle of natural justice inasmuch as the petitioner of writ petition no. 23065 of 1991 was never afforded an opportunity. He contended that even if the Deputy Director of Education wanted to review his order dated August 16, 1991 by which he has appointed Prabandh Sanchalak, the petitioner of writ petition no. 23065 of 1991 was entitled to be heard and as such the order dated August 22, 1991 is wholly vitiated and deserves to be quashed. Mr. R. N. Singh, learned counsel for the petitioners in Writ Petitions No. 19669 and 23200 of 1991 and for the respondent no. 3 in writ petition no. 23065 contended that in fact the order dated August 16, 1991 passed by the Deputy Director of Education was in the teeth of the interim order passed by this Court on July 29, 1991 inasmuch as this court had directed the Deputy Director of Education to decide the dispute between the two rival committees regarding the actual control and as such the Deputy Director of Education exceeded his jurisdiction in appointing an authorised controller which was not directed by this court's order dated 29-7-1991 and as such the order dated August 16, 1991 appointing Prabandh Sanchalak was wholly illegal and erroneous, and further contended that the said order was passed without any notice to the petitioners in writ petition Nos. 19669 and 23200 of 1991 and the same is liable to be quashed as it is in violation of the principles of natural justice.;