- (1.) ARUN Tandon, J. Heard Sri M. D. Singh 'shekhar', learned counsel for the petitioner, Sri I. M. Kushwaha, learned counsel for the respondent No. 5 and learned Standing Counsel for the respondent Nos. 1 to 4.
(2.) COMMITTEE of Management of Lok Manya Tilak Inter College, Iskil, Jhansi through its Manager, Sri Prahlad Singh Verma has filed this writ petition against the order passed by the Regional Joint Director of Education, Jhansi Mandal, Jhansi dated 30th July, 2004 whereby under Clause 8 of the approved scheme of administration he has appointed a Prabandh Sanchalak in the institution for holding fresh elections of the COMMITTEE of Management as the term of the earlier COMMITTEE of Management has since expired. On behalf of the petitioner it is contended that the said order passed by the Regional Joint Director of Education is patently illegal inasmuch the last elections of the Committee of Management had taken place on 23rd July, 2000, the term prescribed under the amended scheme of administration was three years with a grace period of one month, therefore, it would expire on 23rd August, 2003. Prior to the expiry of the term of the Committee of Management, on a resolution passed by the Committee of Management, the Joint Director of Education vide order dated 28th July, 2003 had approved the amendment in the Clause-8 of the scheme of administration providing for extension of the term of the Committee of Management from three years to five years. It is, therefore, contended that the term of the Committee of Management extended on 28th July, 2004 would continue till 22nd July, 2001 with a grace period of one month under Clause 8 of the amended scheme of administration. In support of the said contention the petitioner has placed reliance upon the clause 8 of the scheme of administration and the order passed by the Joint Director of Education dated 28th July, 2003, which has been enclosed as Annexure No. 2-B to the writ petition.
(3.) IT is contended on behalf of the respondents that the order passed by the Joint direction of Education is strictly in accordance with law and the amendment in Clause-8 providing for extension of the term from three years to five years with a grace period of one month as approved by the Joint Director of Education vide order dated 28th July, 2003 would apply to the Committee of Management, which is elected subsequent to the said amendment being approved by the Joint Director of Education, it cannot be read in any manner to extend the term of Committee of Management, which was elected earlier for a term of three years, the term whereof has already expired. On behalf of the respondent No. 5 various contentions have been raised for the purposes of alleging that the Committee of Management has harassed the respondent No. 5, who is working as Principal of the institution.;