R. A. Sharma, J. - (1.) COMMITTEE of Management of Uchchatar Madhyamik Vidyalaya, Newarhiya, Jaunpur hereinafter referred to as the college) was elected on 19-12-1992 in accordance with she Scheme of Administration approved under Section 16-A of the Intermediate Education Act (hereinafter referred to as the Act). Under the Scheme the COMMITTEE so elected was entitled to continue till the election of the new committee of management was held. However, by an amendment introduced in the Scheme of Administration on 31-1-1985. the term of the committee of the management was fixed as three years and one month and if no election is held within that period, provision for appointment of Prabandh Sanchalak for holding the election of the committee was also made. In view of the above ;amendment in the Scheme the term of the committee of management, which was elected on 19-12-1991 came to an end on 15-1-1986. i. e, after the expiry of three years and one month. It appears that the election of the committee of management was held by both the factions of management after the expiry of three years and one month, on 5-5-1985. setting up the rival committees. There being dispute between the rival factions of the management about the above election, the matter was taken to the Deputy Director of Education under section 16-A (7) of the Act, who by his order dated 31-7-1987 declared the elections of 5-5- 1986 as illegal and appointed a Prabandh Sanchalak, Administrator for holding the election of the committer afresh. It is against this order of the Deputy Director of Education that tie writ petition was filed by the committee of management of the college of which Sri Nagendra Sharma was the manager. This writ petition was allowed by the learned Single Judge of this Court on 23-9-1991 and the impugned order passed by the Deputy Director of Education dated 31-7-1987 was quashed. Hence this appeal by Ram Kripal Singh and the committee of management of which he is the manager, who were arrayed as respondents in the above writ petition.
(2.) PRESUMING that election of the committee of management held on 5-5-1986 was valid, the term of such a committee came to an end, after the expiry of three years and one month on 4-6-1989 and thereafter that committee has no power under law to function. As the Deputy Director of Education has appointed Administrator vide order dated 31-7-1987 for the college and that order remained in operation for about 23 months, the learned Single Judge has held that the term of the Committee of management was reduced by the above period illegally inasmuch as the committee could not function during the period the Administrator was working in the college. The argument of the learned counsel for the appellants to the effect that once the term of the committee has started it would not stop even if due to some intervening events the committee could not function for the full term of three years and one month, was rejected by the learned Judge on the ground that the commencement of term of the managing committee cannot be compared to the commencement of limitation and. therefore, the committee of management is entitled for extension of time by the period during which it could not function due to the intervening events. The above view of the learned Single Judge was contrary to the decision of a Division Bench of this Court in the case of Committee of Management v. Deputy Director of Education 1991 (2) UP LB EC 1183 The impugned judgment of the learned Single Judge has also been expressly over ruled by another Division Bench of this Court in the case of Malkivat Sinnh v. Cane Commissioner, U. P. 1992 (2) UP LB EC 937, the relevant extract from which is reproduced below ; "The case of Committee of Management v. Deputy Director of Education, 1991 AWC 1469 (supra) is a decision by learned Single Judge of this Court, wherein it was laid down that the period during which the Committee of Management of the Secondary Education Institution could not function after commencement of its term, has to be excluded while counting the term of three years of such Committee. The law Hid down, on this point, by learned Judge in the above case, being; contrary to the law declared by the Division Bench in the case of Committee of Management v. Deputy Director of Education, 1991 (2) UP LB EC 1183 (supra) cannot stand and is accordingly overruled. It appears that the aforesaid decision of the Division Bench was not brought to the notice of learned Judgs on account of which contrary rule was laid down" The law laid down by the learned Judge on this point having been overruled by a Division Bench of this Govt in the case of Malkiyat Singh (supra) has ceased to be effective and no action can be taken in pursuance thereof. The result Is that the committee of management, which is alleged to have been elected on 5-5-1986 ceased to exist with effect from 4-6-1986 and thereafter no election can be held by such committee. Thereafter, the only authority who is entitled to hold election of the committee of management of the college is the Prbandh Sanchalak, who is to be appointed by the Deputy Director of Education. The appellants have filed two applications dated 9-11-1992 and 18-11-1992 in which it has been mentioned that the respondents have published a news item on 14-11-1992 for holding the election of the committee of management . It has been stated by the learned counsel for the appellants, which has also been admitted by the learned counsel for the respondents committee, that election in fact has been held by the respondents committee on 29-11-1992 on which date new committee of management has been elected, which has also been recognised by the District Inspector of Schools. On the basis of the above election learned counsel for the respondents has submitted that this appeal has become infructuous as no useful purpose would be served by deciding the same in view of the above election held on 29-11-1992. It is not possible to agree with the learned counsel. As mentioned hereinabove, election of the committee of management was claimed by both the factious of the committee of management to have been held on 5-5-1986. Even if this election is treated to be a valid election, the term of the committee of management so elected on the above date came to an end on 4 6-1989 and thereafter it was not open to the committee or its office bearers to hold the election. The election held on 29-11-1992 by the respondents committee as such is not sustainable under law and is declared invalid. Consequently the order of the District Inspector of Schools, recognising the committee of management elected on 29-11-1992 and attesting the signature of its manager is also declared illegal.
(3.) THIS appeal is accordingly allowed with costs. The judgment of the learned Single Judge impugned in this appeal is set aside. The order of the Deputy Director of Education dated 31-7-1987 is restored. The Deputy Director, 5th Region. Varansi is directed to appoint a Prabandh Sanchalak within two weeks from the date of presentation of certified copy of this order for holding election of committee of management of the college The Prabandh Sanchalak shall hold election within four months from the date he assumes his charge. Appeal allowed.;