S.P.Srivastava - (1.) A managerial dispute in respect of the running and management of 'Shri Maheshwar Inter College' Aligarh, which is an educational institution imparting education up to the standard of class XII and stands duly recognised under the provisions of the U. P. Intermediate Education Act and the regulations framed thereunder, which institution is also receiving grants-in-aid and is within the purview of High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees), Act, 1971 (U. P. Act no. 24 of 1971) led to the filing of a large number of writ petitions, wherein the rival claimants Committees of Management. -One with Nand Lal Kela as its Manager and other with Sri Shanti Swarup Maheshwari as its Manager succeeded in obtaining various stay orders from this Court at different stages, has now finally culminated in writ petitions nos. 36699 of 1993 and 36700/1993 both of which are directed against the same order passed by the Regional Deputy Director of of Education, Agra region, Agra dated 23-9-93 where under the City Magistrate, Aligarh in his official capacity has been appointed as a 'Prabandh Sanchalak' for the institution indicating the purpose for this appointment to be the removal of the irrgegularities and compliance of the departmental as well as governmental orders as well as implementation of the provisions contained in the approved Scheme of Administration. Both the rival Committees of Management indicated hereing before claim to be aggrieved by the impugned order which has the effect of divesting a Committee of Management of the jurisdiction in relation to the management of an educational institution which under the impugned order is to vest in the 'Prabahdh Sanchalak' appointed thereunder.
(2.) BOTH the Committees of Management have prayed for the quashing of the impugned order dated 23-9-93 and a further relief preventing interference in their running and managing the institution. Heard Sri Ashok Khare and Sri B. B. Paul, learned counsel for parties and perused the record. In controverti by the Maheshwar Inter College, Aligarh 'referred to to above is run and managed under a 'Scheme of Administration' as contemplated in the provisions contained in the U. P. Intermediate Education Act and the regulations framed thereunder which is duly approved by the Director of Education. The Director of Education had proposed several amendments in the approved 'Scheme of Adm(nistration' vide his order dated 21-7-81, the compliance whereof was sought by the District Inspector of Schools whereupon the Managing Committee Maheshwar Inter College, Aligarh through Sri Nand LaI Kela along with several other Committees of Management of various other Colleges filed a writ petition no. 6545 of 1984 challenging the proposed amendments. In this writ petition this Court had granted a stay order on 2-5-84 where under the respondents were directed not to compel the petitioners to comply with the requirements of U. P. Act no. 1 of 1981 in so far as it provided for the amendment of the Scheme of Administration in accordance with the proviso to sub-clause (3) of the third Schedule under section 8-CC. The aforesaid writ petition has, however, been dismissed on 1-11-93. From the meterlais on record it appears that the tenure of the Committee cf Managment which had been recognised and was in effective control of the running and mangement of the institution was to expire on 2-7-89. Is is also not disputed that at least from the year 1989 onwards nothing was done to constitute a Committee of Management in accordance with the provisions contained in the duly approved Scheme of Administration and no elections have been held for the purpose. However, it may be noticed that it is alleged that on 9-6-89 a Committee of Management was elected with Nand Lal Kela as Manager. It is also alleged that a Committee of Management was elected on 16-7-89 with Shanti Swamp Maheshwari as Manager. Since no elections have admittedly been held subsequent to the year 1989 for constituting a Committee of Management, there can be no manner of doubt that the tenure of a Committee of Management as prescribed under the duly approved Scheme of Administration having come to an end by efflux of time, the alleged elections dated 9-6-89 and 16-7-89 where under the rival claimant Committees of Management are said to have come into existence have lost all their significance.
(3.) IN connection with above it may be usefully noticed that in its decision in the case of Committee of Management INdira Gandhi INter College v. District INspector of Schools decided by a Division Bench of this court, 1992 UP LB EC 505, it has been clarified that where the term of the members of a Committee of Management has come to an end by efflux of time, the Committee of Management ceases to exist even though its office bearers may have been authorised by the scheme of Administration itself to continue to function till their successors are elected. This court had emphasised that such a provision does not have the effect of extending the life of the Committee of Management after the term of its members has come to an end. A perusal of the approved Scheme of Administration a true copy of which has been filed as Annexure I to the writ petition no. 36699 of 1993 indicates that the term of the Committee of Management contemplated therein was only three years, There is nothing to Indicate in the aforesaid Scheme of Administration that after the expiry of the tenure of the Committee of Management the office bearers were to continue to function till their successors were elected. In the circumstances, therefore taking into consideration the ratio of the decision referred to above the conclusion that the Committees of Management claimed to have been elected in the year 1989 as indicated above ceased to exist is inescapable.;