- (1.) This writ petition has been filed by the petitioners seeking quashing of the order dated 10.1.2012 passed by the District Inspector of Schools (in short 'DIOS'), order dated 12.1.2012 passed by the Joint Director of Education and the letter dated 13.1.2012 passed by Sri Pooran Singh, taking over charge as the Authorised Controller.
(2.) There is an Intermediate College known as The Vaidik Kanya Inter College Dadri, District Gautam Budh Nagar (hereinafter referred to as the College) which is managed by a registered society under the name and title of Vaidik Kanya Pathshala Sabha, Dadri, Gautam Budh Nagar. The said Institution is governed by the Intermediate Education Act, 1921 and the Payment of Salaries Act, 1971. According to the petitioners election of the Committee of Management of the Inter College was held on 16.10.2003 which was duly approved by the DIOS on 29.5.2004. The signature of the petitioner no.2, Jatan Lal Garg was duly attested by the DIOS. According to the petitioners as per para 7 of the Scheme of Administration the term of the Committee of Management was three years and the said term expired on 18.11.2007. Elections of the Committee of Management were held on 18.11.2007 which was duly approved by the DIOS by his order dated 24.5.2008. Thereafter in the General Body meeting the term of the Committee of Management was extended from three years to five years by way of amendment in para 7 of the Scheme of Administration. The proposed amendment was submitted before the DIOS, respondent no.3 on 1.4.2007. The respondent no.3, DIOS forwarded the proposal to the Joint Director of Education, First Region, Meerut, respondent no.2. The Joint Director of Education by his letter dated 16.3.2008 sought some information from the petitioner and in reply thereof the petitioner wrote a letter to the respondent no.2 on 22.5.2011 answering all the queries raised by the Joint Director. The aforesaid letter of the petitioner is stated to have been received by the clerk in the office of the respondent no.2 on 31.5.2011 itself.
(3.) According to the petitioners by a Government Order issued by the State Government, the term of the Committee of Management of the Institution was extended from three years to five years in terms of the proposal sent by the petitioners. However, the petitioners were in some doubt as to whether the proposal had actually been accepted by the Government or not and so the petitioners wrote a letter to the Joint Director of Education, Meerut on 8.7.2010 a copy of which was also served on the respondent no.3, DIOS. When no reply was received the petitioner again wrote a letter to the DIOS through registered post dated 11.11.2010. It was also pointed out therein that the earlier election had been held on 8.11.2007 which as approved by the DIOS on 24.5.2008 and therefore a request was made in the letter dated 11.11.2010 to appoint an election observer so that fresh elections may be held. On 7.3.2011, the petitioner again moved an application before the respondent no.2, Joint Director of Education and the respondent no.3, DIOS. A copy of the same was also sent to the Director of Education, U.P. Lucknow requesting for clarification as to whether the proposal for amendment of the term of the Committee of Management from three years to five years had been accepted or not and that if the term of the Committee of Management was still three years, then in that case steps for initiating the procedure of election may be taken. Another letter was sent to the respondent no.3 on 24.3.2011 giving a reference of all the previous letters sent by the petitioners. The said letter was received in the office of respondent no.3 on 24.3.2011 itself. Another reminder was sent on 20.4.2011 and 27.4.2011 with a request that the petitioners may be permitted to hold elections of the Committee of Management. Since the term of the Committee of Management was going to expire and no response was being received to its letters from the DIOS or the Joint Director of Education, the Committee of Management issued the agenda for holding the meeting regarding elections of office-bearers of the Committee of Management and in pursuance thereof a meeting of the General Body was held on 5.8.2011 and in its Resolution no.2 it was resolved that the election of the Committee of Management be held in the month of October, 2011. A communication letter to that effect was sent by the petitioner to the DIOS on 10.8.2011 with a request to appoint an Election Officer/Observer for holding elections to the Committee of Management. The DIOS in response, sent a communication letter dated 7.10.2011 whereby one Sri Santosh Kumar Singh was appointed as Election Officer, however, when the petitioner no.2 approached Sri Santosh Kumar Singh he was informed by him that the said Santosh Kumar Singh was on bed rest and would not be able to function as Election Officer. This fact was brought to the knowledge of the DIOS by the petitioners vide letter dated 21.10.2011 with a request to appoint someone else as Election Officer. In response the DIOS by his letter dated 24.10.2011 appointed one Sri Mahendra Singh, Principal, Mihir Bhoj Intermediate College Dadri, District Gautam Budh Nagar as Election Officer.;