B. Amit Sthalekar, J. - (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. 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.
(2.) 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. In pursuance of the letter of the DIOS dated 24.10.2011, elections proceedings were initiated and the Election Officer on 19.10.2011 directed steps to be taken for holding the election. The election programme was duly published in the daily newspaper Dainik Jagran on 29.10.2011 and all the information in respect of the election was duly published by the Election Officer. The list of office -bearers was duly published by the Election Officer on 30.10.2011. Objections were filed by some of the life members of the General Body to the extent that names of the some of the members have not been included in the list of office -bearers whereupon the Election Officer called the petitioner to deposit the membership fee of such members and thereafter the treasurer of the Committee of Management submitted the photocopy of the Bank Account disclosing that the membership fee of the aforesaid persons had already been deposited in the month of October, 2006. Final list of members of the General Body was published and it was resolved that there is a total of 586 members of the General Body of the Society and thereafter the Election Officer proceed to hold the election for which 13.11.2011 was fixed as the date. The petitioner No. 2 filed his nomination for the post of Manager, respondent No. 4 whose names was at Serial No. 210 in the voter list also filed his nomination for the post of Manager duly supported by one Sri Vinod Kumar Goyal whose name is at Serial No. 328 of the voter list. Elections were held under the supervision of the Election Officer who thereafter submitted his report in the office of the DIOS on 1.12.2011 and the name of the elected office -bearers of the Committee of Management was declared. In the election, the petitioner No. 2 was elected as Manager of the Committee of Management. According to the petitioners the respondent No. 4, Jag Bhushan Garg, who had also contested the elections for the post of Manager secured 231 votes whereas the petitioner No. 2 secured 278 votes thus defeating the respondent No. 4. Aggrieved by his defeat the respondent No. 4 filed an objection before the Director of Education on 7.12.2011 which was forwarded to the respondent No. 3, DIOS with a note that the said election programme may be cancelled.
(3.) ON receipt of the complaint dated 7.12.2011, the DIOS issued notices to the petitioners as well as to the Election Officer on 17.12.2011, and 24.12.2011 was fixed as the date for hearing. On 24.12.2011 the next date was fixed as 29.12.2011, the petitioner No. 2 submitted his reply before the DIOS on 4.1.2012 the approved Scheme of Administration was also filed before the DIOS. However, the DIOS by his order dated 20.1.2012 has recommended the appointment of Authorised Controller in the College in question for purposes of holding elections. The DIOS in the impugned order dated 10.1.2012 has held that the Committee of Management had ceased to function on 18.11.2010 on expiry of its term and as such the election of 13.11.2011 was de -recognised and a direction was issued for holding fresh elections. By the other impugned order dated 12.1.2012 the Joint Director of Education First Region, Meerut, respondent No. 2 has appointed one Sri Pooran Singh, Principal, Vaidik Inter College, Noida, Gautam Budh Nagar as the Authorised Controller with a further direction that he shall hold the elections in the Committee of Management in question within three months. The next impugned order dated 13.1.2012 has been passed by Sri Pooran Singh taking over charge on 13.1.2012 as the Authorised Controller.;