M. Katju, J. - (1.) -This writ petition has been filed to quash the impugned order dated 12.7.1988, Annexure-2 to the writ petition passed by the respondent No. 4, Director, Technical Education, U. P., appointing the District Magistrate as Authorised Controller. The petitioner has also prayed for a mandamus directing respondents to reinstate the Committee of Management to run the affairs of Prem Maha Vidyalaya Polytechnic, Mathura (hereinafter referred to as 'the Polytechnic').
(2.) HEARD the learned counsel for the parties. In paragraph 2 of the writ petition it is alleged that a Polytechnic has been set up for giving technical education in Mathura. There is a scheme of administration regarding the polytechnic, copy of which is Annexure-1 to the writ petition. Under the scheme, the Committee of Management is to consist of 14 persons out of which six including the President are to be nominated by the petitioner association. Seven members are representatives of the various bodies including the Central Government, and the 14th member is the Principal of the Institution who is also the Secretary of the Committee of Management. It is alleged in paragraph 3 of the writ petition that there were various disputes regarding the management and hence the impugned order dated 12.7.1988 was passed by the U. P. Government appointing an administrator. True copy of the said order is Annexure-2 to the writ petition. By that order Dr. S. P. Luthara was appointed as Authorised Controller under Section 22D (4) of the U. P. Technical Education Act, 1962 (U. P. Pravidhik Shiksha Adhiniyam, 1962) (hereinafter referred to as 'the Act').
(3.) IN paragraph 4 of the writ petition it is alleged that there was a dispute between the petitioner association and one Vikram Singh and in this connection a Suit No. 80 of 1991 was filed which was decided in terms of a compromise and a decree was passed accordingly by the Ist Addl. Civil Judge (Junior Division), Mathura on 5.5.2000 vide Annexure-3 to the writ petition. Thereafter a general meeting of the petitioner association was held on 17.9.2000 and six persons were nominated to the Committee of Management of the Polytechnic. In the meanwhile annuity roll was given to the petitioner association by order dated 30.5.2001 vide Annexure-6 to the writ petition. The registration of the petitioner society was also renewed. True copy of the certificate dated 29.9.2001 issued by the Registrar of the Society, U. P. is Annexure-7 to the writ petition.;