- (1.) Petitioners, being aggrieved by the order dated 16-4-1992, passed by the District Inspector of Schools, Farrukhabad (herein-after referred to as the D.I.O.S.) attesting the signature of Respondent No. 1, have filed this writ petition challenging the above order and for necessary reliefs in connection therewith.
(2.) learned Counsel for the Petitioners has raised two submissions, namely, (i) as there was dispute between the two rival committees of management, the D.I.O.S. has no jurisdiction to attest the signature of the manager of any of the rival committees; and (ii) the signature of Respondent No. 4 could not have been attested by the D.I.O.S. without passing a speaking order. learned Counsel for the Respondents has disputed the aforseaid submissions. It is further submitted by him that the Petitioners were called upon by the D.I.O.S. to submit papers pertaining to the election of their committee of management but as they having failed to produce the papers, the D.I.O.S. was fully justified to attest the signature of Respondent No. 4.
(3.) It is true that when there is dispute between rival committees of management regarding the right to manage educational institution, it is not possible for the D.I.O.S. to attest the signature of the manager of any one of the committees, because he does not have the power to decide the dispute between the rival managing committees. He can only refer the dispute for adjudication to the Deputy Director of Education under Section 16-A (7) of the Intermediate Education Act (here-in-after referred to as the Act). After the matter is referred under the above provision, it is for the Deputy Director of Education to make interim arrangement for running and managing the educational institution. A Division Bench of this Court in the case of Committee of Management v. D.I.O.S.,1985 AllLJ 27, has upheld the right of the Deputy Director of Education to pase appropriate interim orders providing for interim arrangement for the management of the institution.;