- (1.) ARUN Tandon, J. Heard Sri S. D. Shukla Advocate on behalf of the petitioner, Sri P. C. Pathak Advocate on behalf of Respondent No. 6 and learned Standing Counsel on behalf of Respondent Nos. 1 to 5.
(2.) COMMITTEE of Management, Inter College Bhokerheri, Muzaffar Nagar through its alleged Manager has filed this writ petition against the order of the Regional Joint Director of Education dated 29th April, 2004, whereby the Regional Joint Director of Education has been pleased to hold that the elections which are alleged to have taken place on 19th March, 2004 are illegal and as such cannot be recognized. He has further directed that since the term of the earlier COMMITTEE of Management had expired, the Principal of Government Inter College Kandela Muzaffar Nagar may take over the charge of the institution as Prabandh Sanchalak and hold fresh elections within three months. This Court, while entertaining the present writ petition on 26th May, 2004 granted an interim order in favour of the petitioner and as a result whereof fresh elections have not taken place till date. On behalf of the petitioner it is contended that the impugned order dated 29th April, 2004, passed by the Regional Joint Director of Education, is wholly without jurisdiction inasmuch as the dispute with regards to the recognition to the Committee of Management, elections whereof had taken place on 19th March, 2004, should have been placed before the Regional Level Committee, constituted under the Government Order dated 19th December, 2000 of which the Regional Joint Director of Education is only one of the Member. It is further submitted that under the provisions of approved scheme of administration there is no provision for appointment of Prabandh Sanchalak for holding fresh elections even where the term of the Committee of Management has expired.
(3.) IN respect of the alleged elections dated 19th March, 2004 it is submitted that said elections have taken place strictly in accordance with law after following the procedure prescribed and, therefore, the order of the Joint Director of Education is liable to be set aside and the elected committee may be put in effective control of the institution. On behalf of the newly added respondent it is submitted that the alleged elections set up by the petitioner are not valid inasmuch as they are in manifest non-compliance of the order passed by the Joint Director of Education dated 13-1-2004 Annexure 5 to the writ petition.;