Arun Tandon - (1.) -Heard Sri Shailendra, learned counsel for the petitioners, learned standing counsel for the respondent Nos. 1 to 4 and Sri H. K. Singh, learned counsel for the respondent No. 5. Nobody is present on behalf of the respondent No. 6.
(2.) SRI Shiv Mangal Singh Intermediate College, Beruarbari, Ballia is an institution duly recognized under the Intermediate Education Act. The said institution is run and managed strictly in accordance with the approved scheme of administration. The Committee of Management of the said institution through its Manager Sri Bachcha Singh has filed this writ petition against the order of the Regional Joint Director of Education, Azamgarh, dated 29th May, 2003 (Annexure-23 to the writ petition), whereby he has held that all the three set of elections set up by the respective parties are not in accordance with the approved scheme of administration and has, therefore, disapproved the same. He has further proceeded to appoint a Prabandh Sanchalak in the institution. Under the aforesaid order dated 29th May, 2003 he had fixed two months time for the Prabandh Sanchalak to hold fresh elections for constituting the Committee of Management of the institution in accordance with the scheme of administration.
(3.) THE said order has been challenged by only set of petitioners headed by Sri Bachcha Singh and, therefore, it is not necessary for this Court to look into the legality or otherwise of the elections set up by respondent Nos. 5 and 6. The Regional Joint Director of Education, Azamgarh has disapproved the said elections of Bachcha Singh amongst others on the following two grounds, namely : (a) the District Inspector of Schools vide letter dated 1st January, 2003, (a copy whereof has been brought on record as Annexure No. C.A.-9 to the counter-affidavit) had informed the petitioner that the permission for publication of the agenda etc. in the newspapers as required under the approved scheme of administration, cannot be granted, in view of the order of the Joint Director of Education dated 11th November, 2002, whereby the controversy with regard to the membership of Sri Vijay Kumar Singh is being looked into by the Regional Joint Director of Education and, as such, so long the decision is not taken by the Regional Joint Director of Education, the permission to hold the elections cannot be granted. Accordingly it was directed that the entire elections proceedings be postponed, (b) the entire elections have taken place on the same date, i.e., 12th January, 2003, although in view of the scheme of administration, separate dates are required to be fixed for filing nomination papers, withdrawal of the nominations, date of polling, if any required.;