S.P.Srivastava - (1.) RASHTRIYA Intermediate College, Sujanganj, district Jaunpur is an institution, which imparts education up to the standard of intermediate classes and stands recognised under the provisions of U P. Intermediate Education Act and the Regulations framed thereunder. It is to be run by a Committee of Management duly elected in accordance with the approved scheme of administration, which was amended in the year 1985. The amended provisions of the Scheme of Administration indicated above, fixed a term for the members of the Committee of Management to be three years providing however that they may continue in office for one month more after the expiry of their term of three years and thereafter the will cease to hold the office. It was further provided in the amended scheme of administration that, if the newly elected committee of management does not resume office, within the aforesaid period of three years and one month, the Deputy Director of Education shall appoint a Prabandh Sanchalak' who shall take over management and take steps for holding the election.
(2.) IT is not disputed by the learned counsel for the petitioners that the rights of the office bearers of the Committee of Management of the aforesaid college, to continue in office automatically comes to an end on the expiry of the period of three years and one month. On 2nd of December, 1988, the District Inspector of Schools, Jaunpur passed an order pruporting to attest the signature of Prithvipal Tripathi, the respondent no. 3 recognising him as the Manager of a Committee of Management said to have been elected on 20-11-1988. The aforesaid order was challenged before this court by means of Civil Misc. Writ petition No. 23825 of 1988, which was decided vide the judgment and order dated 1-2-1989, where under noticing that on 2nd December, 1988 a dispute as to whether the management committee of which the present petitioners were the members or the managing committee of which the respondent No. 3 claims to be the member had come in existance and as such holding that the District Inspector of schools had no jurisdiction to attest the signature of the respondent No. 3, this court came to the conclusion that in the aforesaid circumstances, the District Inspector of Schools ought to have referred the dispute for adjudication to the Deputy Director of Education under Section 16-A (7) of the U. P. Intermediate Education Act, 1921. The order challenged in the aforesaid writ petition was therefore, quashed and the District Inspector of School was required to make a reference to the Deputy Director of Education, so that a decision could be taken as contemplated under section 16-A (7) of the U. P. Intermediate Education Act. It appears that in pursuance of the aforesaid direction, a reference had been made which has been decided by the respondent No 2 vide the order dated 25-9-1991, where under holding that none of the rival committees of Management could be deemed to have been elected in accordance with the provisions contained in the approved scheme of administration. the Deputy Director of Education V region, Varanasi issued a direction requiring Sri Rajaram Pandey and Sri Prithvipal Tripathi, who had held the office of President and Manager respectively of the committee of management, which had been elected on 3-11-1985. To get an election for electing a committee of management held for 'running and managing the institution in question in accordance with the approved scheme of administration within a period of three months from the Issue of the said order.
(3.) FEELING aggrieved, the petitioners, who claimed to have been elected in the month of November, 1988 have approached this court by means of the present writ petition seeking the quashing of the order dated 26-9-1991, passed by the respondent No. 2 and for the issue of a mandamus requiring the respondents not to interfere in the functioning and working of the petitioners' management and holding of the election in accordance with the amended scheme of administration. The writ petition No. 33272 of 1991 has been filed by Daya Shankar Tewari, who claims to have been elected as Assistant Manager in the Committee of Management of the Institution in question and asserting that he had been working as Manager (Officiating) on the date when the petition had been filed, He has also challenged the order, which is the subject matter of writ petition No. 30135 of 1991 and has claimed the same reliefs as claimed in the present writ petition.;