- (1.) ARUN Tandon, J. Heard Sri H. N. Tripathi on behalf of the petitioner, Sri Subodh Kumar on behalf of the applicant, seeking impleadment in the present writ petition and learned Standing Counsel on behalf of respondent Nos. 1 to 5.
(2.) IN view of the order proposed to be passed by this Court today, it is not necessary to implead the applicant as respondent in the writ petition nor it is necessary to call for a counter affidavit from the respondents. The alleged Committee of Management of Bharat Sevak Samaj Inter College, Rajpuri, Nawada, District Bareilly has filed this writ petition against the order of the Regional Joint Director of Education, Bareilly Mandal, Bareilly dated 6th September, 2004. By means of the aforesaid order the Joint Director of Education has held that the term of the elected Committee of Management, which was constituted on 23rd June, 1999 has expired on 23rd June, 2004. The elections pleaded by the parties in the year, 2004 have yet not been recognized by the competent authority. The period of five years one month, as provided under the scheme of administration, has already expired and the Committee of Management elected in the year 1999 has become time barred, hence the Joint Director of Education has appointed a Prabandh Sanchalak in the Institution for the period till the dispute about the rival elections is not finally adjudicated by the competent authority. It is contended on behalf of the petitioner that the aforesaid order of the Regional Joint Director of Education is patently illegal on the ground that proceedings pertaining to the elections, which had taken place on 23rd June, 2004, have been submitted before the Regional Joint Director of Education immediately after elections through the office of the District Inspector of Schools. The competent authority has not taken any decision in respect of the aforesaid election proceedings, for the reasons best known to him. As a matter of fact, the Joint Director of Education under misconception of fact and law has withheld the said document, while under the Government Order dated 19th December, 2000 he obliged to place the same before the Regional Level Committee of which he is the Chairman. It is further submitted that the respondents cannot on one hand withheld the consideration of the proceeding of the elections submitted by the petitioner and on the other hand proceeded to appoint Prabandh Sanchalak on the ground that term of the Committee of Management has expired.
(3.) ON behalf of the applicant seeking implement in the present writ petition it is contended that the proceedings as submitted by the petitioner are fabricated inasmuch as in the elections, which had taken place on 23rd June, 2004, Sri Badan Singh has been elected as Manager. However, on behalf of the applicant it is also fairly conceded that the dispute with regards to rival elections set up by the parties can be adjudicated upon by the Regional Level Committee constituted under the Government Order dated 19th December, 2000 only. Learned Standing Counsel, appearing on behalf of the respondent Nos. 1 to 5, has stated that in view of the judgment of this Court dated 30-7-2004 passed in writ petition No. 37451 of 2003 the Regional Level Committee alone competent to decide the legality, and validity of the elections pleaded by the parties.;