R.A.Sharma - (1.) SHRI Krishna Inter College, Niwari district Ghaziabad (hereinafter referred to as College) is a recognised and aided Intermediate College having its own Scheme of Administration, framed under the Intermediate Education Act The controversy involved in these five writ petitions centres round the questions about validity of rival committees of management and their managers as well as the orders of District Inspector of Schools, Ghaziabad (hereinafter referred to as D. I. O. S) passed in connection therewith.
(2.) ACCORDING to the Scheme of Administration of the college the term of committee of Management is three years and one month. at appears that the last election of committee of management was held on 17-6-1988 in which Sri Onkar Singh Tyagi was elected as President and Sri Rajpal Singh was elected as manager. This committee was recognised by District Inspector of Schools by order dated 24-12-1988, copy of which has been filed as Annexure-2 to the writ petition. Manager Sri Rajpal Singh, died on 30-9- 1989 and in his place, according to the petitioner, Sri Vivek Tyagi was elected by the committee of management on 22-10-1989. The District Inspector of Schools, however, by order dated 18-12-1989, refused to recognise Sri Vivek Tyagi as manager of the college, on the ground that Sri Vivek Tyagi was not enrolled as member ot the general body of the college in accordance with law Against this order, Committee of Management, of which Sri Vivek Tyagi is the manager, has filed writ petition no 3017 of 1990 in which on 5- 2-1990 a stay order has been passed by this court whereby operation of the aforesaid order dated 18-12-1989 has been stayed. It appears that thereafter Sri Dharm Prakash Tyagi raisrd a claim that he has been elected as manager of the college by the Committee of Management on 31-12-1989 and requested to District Inspector of Schools to grant him recognition. District Inspector of Schools however, by order dated 24 1-1990, declined to recognise Dharm Prakash Tyagi as manager. Against this order of district Inspector of Schools dated 24-1-1990 Sri Dharm Prakash Tyagi filed writ petition no 7984 of 1990. There is no stay order in this writ petition. On 24-7-1990 the District Inspector of Schools passed two orders by one of these orders the committee of management of which Sri Vivek Tyagi is the manager, was dissolved and against this order the committee of management, of which Sri Vivek Tyagi is manager, has filed writ petition no. 18519 of 1990. In this writ petition this court has granted stay order. By second order, passed on the same date (24-7-l990) the committee of management alleged to have been elected on 15-7-1990, of which Sri Dharm Prakash Tyagi, Ciaims to be the manager, was recognised- Against this order the committee of management of which Sri Vivek Tyagi is the manager filed writ petition no. 20667 of 1990.
(3.) BOTH the orders passed on 24-7-1990 by the District Inspector of Schools, have, however, . been recalled by order dated 31-7-1990, against which committee of management of which Sri Dharm Prakasn Tyagi is the manager, filed writ petition no 20272 of 1990. Ia all these writ petitions, except writ petition no. 3017 of 1990. the contesting respondents have filed counter- affidavit and in reply thereto rejoinder affidavits have also been filed. In writ petition no 3017 of 1990 Sri Daarm Prakash Tyagi has filed an application alongwith an affidavit for his irnpleadment and vacation of stay order. I have already allowed this application by my order dated 13-12- 990. As in all the writ petitions the case set up by the parties is the same and in other petitions counter and rejoinder- affidavits have been exchanged, no request for filing counter-affidavit in writ petition no 3017 of 1990 has been made. I have heard learned counsel for both the parties as well as learned standing counsel. with the consent of learned counsel for both the parties, the writ petition no 20667 of 1990 has been made the leading case. All these writ petitions are being disposed of with the consent of learned counsel of parties in accordance with Rules of the Court. Writ Petition no. 3017 of 1990.;