R.R.YADAV, J. - (1.) I have heard the learned Counsel for the petitioners, Sri V.K. Shukla and Sri Shashi Nandan, learned Counsel representing Pratap Singh, Mahraj Singh and Pushpendra, the Caveator/applicants at length. Perused the order impugned. Learned Standing Counsel has adopted the arguments raised by Sri Shashi Nandan, learned Counsel representing caveator/applicants.
(2.) I am of the view that the present writ petition deserves to be decided on admitted facts between the petitioners and caveator/applicants without delineating detail averments made in the writ petition. Indisputably election of the Committee of Management was held on 23-11-1998 for a term of 3 years which was subject to extenstion of six months by the Joint Director of Education. Three years' term of Committee of Management came to an end on 23-11-2001. Taking the aforesaid calculation in mind, the District Inspector of Schools, Muzaffarangar sent a letter to Joint Director of Education recommending that since the term of office of Committee of Management has come to an end on 23-11-2001, therefore, Authorised Controller may be appointed under Clause 8 of the Scheme of Administration approved by the Joint Director of Education within the meaning of sub-section (5) of Section 16-A of the U.P. Intermediate Education Act. Indisputedly, under sub-section (5) of Section 16-A of the U.P. Intermediate Education Act, expression “Director of Education” has been used but his powers are delegated to Joint Director of Education.
(3.) THE thrust of the argument of the learned Counsel for the petitioners in the present case is based on interpretation of clause 8 of the Scheme of Administration of the Institution. According to Sri Shukla, if aforesaid clause 8 of the Scheme of Administration is interpreted in letter and spirit, then the term of the Committee of Management would be 3 years 6 months. It is submitted by the learned Counsel for the petitioners that if within 3 years and extended period of 6 months the Joint Director of Education wants to appoint Authorised Controller, then he is to record reasons as why 6 months' period is being curtailed.;