A.P. Sahi, J. - (1.) THE petitioner Committee of Management, Saraswati Inter College Pipalheda, Muzaffar Nagar through its Manager Rajendra Prasad has challenged the order dated 26th July, 2012 whereby the Joint Director of Education Saharnapur Region Saharanpur has appointed an Authorised Controller in the Institution in Public Interest with immediate effect. The Joint Director of Education is Yogendra Nath Singh who has filed a Exemption Application alongwith an affidavit and in paragraph 4 thereof has tendered an unconditional apology reciting that he has realised his mistake and that the order under challenge was untenable in law. He has further stated in his affidavit that the order cannot be justified in any manner and it was only a bona fide mistake for which he should be excused.
(2.) THE impugned order was challenged on the ground that the petitioner Committee of Management was constituted on completion of the election process on 26.12.2011 and the documents were submitted for the attestation of signatures in terms of U.P. Act No. 24 of 1971 which impliedly requires a Manager to be recognised whose signatures have to be attested by the District Inspector of Schools for the purpose of executing the official work of the institution as the State exercised statutory control over such aided institution. The District Inspector of Schools Bheem Singh issue a notice on 2nd January, 2012 calling upon the Manager of the Institution to submit his explanation with regard to the dispute of membership which was being heard by him. He also indicated in the notice that one Arvind Kumar an Associate District Inspector of Schools was to proceed to make the enquiry on his behalf as an Enquiry Officer. The District Inspector of Schools immediately thereafter issued an order on 6th January, 2012 stating therein that the elections were held inspite of there being procedural lapses and the same having been stayed by him. It was narrated in the order that since the elections have been held in violation of the aforesaid instructions and certain unapproved members have participated in the elections, therefore, the elections deserve to be annulled. He accordingly proceeded to impose single operation of accounts on the presumption that the tenure of the earlier committee had come to an end.
(3.) SIMULTANEOUSLY , he also issued a notice to the Manager that since there is a dispute about the constitution of the Committee of Management therefore he will now proceed with the enquiry of membership and the matter will now be decided by the Joint Director of Education who is the Chairman of the Regional Level Committee.;