S.R. Singh, J. - (1.) SRI Mahatma Kapil Deo Inter College, Arehra, Agra is an Intermediate College recognised as such under the provisions of the U.P. Intermediate Education Act, 1921 (in short the Act). It is run and managed under the scheme of administration framed and approved under the provisions of the Act. The District Inspector of Schools, on 23 -2 -1993, attested the specimen signatures of the third respondent Saheb Singh as Manager of the Committee of Management and accorded approval, vide order dated 28 -2 -1993, to the Committee of Management constituted in the election held on 14 -2 -1993 as the Committee duly constituted in accordance with the scheme of administration. The attestation dated 23 -2 -1993 of specimen signatures of Saheb Singh by the District Inspector of Schools and approval to the Committee of Management constituted on 14 -2 -1993 vide communication letter dated 28 -2 -1993 are sought to be quashed in this petition by means of a writ of certiorari under Article 226 of the Constitution.
(2.) MINIMAL facts necessary to highlight the controversy involved in this petition may be stated as thus. The previous Committee of Management was constituted on 4 -3 -1989 which Sri Mota Ram and Sri Amlok Singh as its Manager and President respectively. Sri Amlok Singh expired on 24 -11 -1992. Thereafter, according to the petitioner, Sri Jagat Singh is said to have been elected President of the Committee of Management in its meeting held on 6 -12 -1992 for its remaining term and at a meeting dated 22 -12 -1992 a decision was taken for holding election of the Committee of Management which was due in March, 1993, Pursuant to the said decision, it is alleged, the election was ultimately held on 29 -2 -1993 in which the petitioner is said to have been elected as President. Whereas according to the respondents the election of the Committee of Management was held on 14 -2 -1993 which was conducted by Sri Surendra Singh Verma Advocate who, it is stated, was elected Election Officer by the General Body of the Society in its meeting dated 3 -12 -1992. According to the respondents the election was validly held on 14 -2 -1993 and it has rightly been recognised by the District Inspector of Schools. Learned counsel for the petitioner urged that the attestation of specimen signatures of Sri Saheb Singh as Manager of the Committee of Management and its approval/recognition given by the District Inspector of Schools are vitiated due to the reasons (1) that the District Inspector of Schools had no jurisdiction to attest the specimen signatures of Saheb Singh and to accord recognition to the Committee of Management allegedly constituted on 14 -2 -1993 in view of the fact that the District Inspector of Schools had been already informed of the election schedule fixed by the petitioner; (ii) that the District Inspector of Schools was duty bound to have held at least a summary enquiry as to whether or not there were in existence two rival committees of management; (iii) that in the facts and circumstances of the case the District Inspector of Schools was obliged to record its satisfaction with reasons as to which one of the two rival committees of Management was genuine, bonafide and entitled to administer the affairs of the College; and (iv) that the term of erstwhile committee of Management of the College had not expired and as the District Inspector of Schools had no jurisdiction to superimpose another committee of Management over a sitting one validly with its term still to expire on the dates the impugned orders were passed without affording any opportunity to the petitioner.
(3.) IN reply the learned counsel for the respondents urged that the Manager of the Committee of Management which, according to the petitioner, was constituted on 28 -2 -1993 and of which the petitioner claims himself to be the president, has already instituted a suit, it being suit No. 123 of 1993 in the Civil Court in which an ad -interim injunction was granted in favour of the plaintiff on 12 -3 -1993 by the learned Munsif, but its operation has been stayed vide order dated 22 -3 -1993 passed by the District Judge, Agra in an appeal preferred on behalf of the defendants against the order dated 12 -3 -1993 and in this view of the matter, it was urged by the learned counsel for the respondents, the writ petition is not maintainable. It was also urged that there was no dispute before the District Inspector of Schools as to the existence of any rival committee at least till 23 -2 -1993 and therefore, there was no fetter on the power and competence of the District Inspector of Schools to pass the impugned orders in exercise of his administrative powers. It was further urged that the election held on 14 -2 -1993 has rightly been approved and recognised by the District Inspector of Schools.;