Satish Chandra, C.J. - (1.) The Anjuman Islah Muslim Rajput Kamsar-c-Bar, Dildarnagar, is a minority institution. It runs an Intermediate College. Respondent No. 2 Sri John Mohammad was a teacher in the L.T. grade in the college. The Managing Committee, on January 11, 1979, terminated the services of respondent No. 2. Respondent No. 2 appears to have approached the District Inspector of Schools who, by an order dated February 5, 1979 held that since the three years term of the managing committee of the institution had come to an end long back, the order of termination of respondent No. 2's services passed m January 1979 was invalid. The institution was directed to immediately reinstate Sri John Mohammad. Prior to this the Inspector had on January 30, 1979 complained to the management that the elections to the managing committee were held in June, 1974. Their three year term expired in 1977. Since then no elections have been held. The attempt of the managing committee to get its term extended was refused. Hence the actions and decisions of the managing committee after the expiry of its term were all illegal. The committee was directed to hold the elections immediately.
(2.) Sri S.S. Bhatnagar, learned counsel for the petitioners stated before us that the elections to the managing committee were duly held in 1979 at which one Sami Ullah Khan was elected as the manager. Previously the manager was Ali Ahmad Khan. The clear and concise argument raised on behalf of the petitioner was that the Inspector was under a misapprehension of the true legal position when he held that since the term of the committee had expired, the actions of the managing committee thereafter were invalid.
(3.) It is not disputed that the institution is governed by a duly approved scheme" of administration. Clause 5 of the scheme gives the constitution of the committee of management. The committee shall have 15 members. The committee has three categories of members, namely, (a) office-bearers, (b) ex officio members, and (c) ordinary members. There are five office bearers and three ex officio members. In addition, seven are ordinary members. Clause 7 of the scheme provides:- "The term of officie-bearers and members other than ex officio members shall be three years from the date they are chosen provided that the term of every office bearer shall be deemed to have continued till his successor is chosen.";