V.K.Shukla, J. - (1.) By means of present writ petition, Committee of Management of Dayanad Uchchatter Madhyamik Vidyalaya, Thaur, Khewasipur, Jaunpur through its Manager Parmanand is assailing the validity of the order dated 13.9.2003 passed by the Joint Director of Education, Vth Region, Varanasi by means of which claim of the petitioner's Managing Committee has been disapproved and claim of the Managing Committee headed by Shambhu Dutt Mishra as Manager has been accepted.
(2.) Brief facts of the case as mentioned in the writ petition is that there is an Institution known as Daya Nand Uchchatar Madhyamik Vidyalaya, Thaur, Khewasipur, Jaunpur, which is a duly recognized institution under the provisions of U.P. Intermediate Education Act, 1921. The said institution has got Scheme of Administration, duly approved by the Deputy Director of Education. The term of the Managing committee of the institution is three years and one month. Last election of the Committee of Management of the institution was held on 20.1.1999 wherein one Ram Roop was elected as President and petitioner No. 2 was elected ass Manager. Dispute was raised by Sri S.D. Misra, respondent No. 5 before the District Inspector of Schools, Jaunpur and then reference was made under Section 16-A(7) of U.P. Intermediate Education Act, 1921 and the same was adjudicated by the Joint Director of Education on 26.7.1999 holding that petitioner No. 2 is validly elected Manager of the Committee of Management and is in effective control of the institution and elections had been held in consonance with the provision contained in the Scheme of Administration Pursuant to the order passed by the Joint Director of Education, recognition was accorded on 19.8.1999. Petitioner No. 2 continued to function as Manager of the institution and as term of the Managing Committee of the institution was coming to an end as such request was made to DIOS seeking permission for holding election of the Committee of Management. It has further been contended that election programme was published in newspaper "Dainik Manyawar" dated 24.1.2002 and as per election programme, 31.1.2002 was fixed for nomination, 1.2.2002 was fixed for scrutiny, 2.2.2002 was fixed for withdrawal and 3.2.2002 was fixed for election. It has been contended that as per published election programme election had been held wherein Sri Raja Ram was elected as President and petitioner no. 2 was elected as Manager and thereafter-entire papers were transmitted to DIOS on 4.2.2002. It appears that in the meantime respondent No. 5 also set up election and submitted papers before DIOS in respect of the same. The District Inspector of Schools faced will the situation that there were two rival claimants, referred the dispute for being adjudicated under Section 16-A(7)of U.P. Intermediate Education Act, 1921. Thereafter notices had been issued for appearance. Petitioners submitted their reply on 5.9.2002. During pendency of the proceeding President died and in his place one Ram Chandra, who were elected as President also submitted his reply. Document in regard to effective control is also sought to be brought on record. During pendency of the dispute authorized Controller was appointed and directives were issued for holding of election. At this juncture petitioners approached this Court and this Court on 18.11.2002 allowed the writ petition and quashed the order. After the aforementioned order had been passed by this Court, directives had been issued for releasing salary bill at the level of DIOS, Jaunpur.
(3.) This order was also subject-matter of challenge before this Court and this Court on 4.3.2002 disposed of the writ petition by directing the Joint Director of Education to decide the dispute pertaining to management expeditiously preferably within three months. It has been contended that thereafter no hearing was done in the matter and the matter was delayed. Thereafter on 10.9.2002 notice was sent for hearing on 26.9.2003 but subsequently date was changed 12.9.2003. On 12.9.2003 hearing has been completed and thereafter order had been passed which is subject-matter of challenge.;