HONBLE PRADEEP KUMAR SINGH BAGHEL,J. - (1.) THE Committee of Management of an educational institution along with its Manager has preferred this writ petition for issuance of a writ of certiorari to quash the order dated 17th October, 2012, whereby the District Inspector of Schools, Mirzapur has recognised the respondent no. 4 as Manager of the Committee of Management and attested his signature.
(2.) THE essential facts are that Ballabh Bhai Patel Inter College, Gangpur Chunar, District Mirzapur (for short, the "Institution") is an Institution recognised under the provisions of the Uttar Pradesh Intermediate Education Act, 1921. It receives aid out of the State fund. It is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971. The Institution has its Scheme of Administration, which has been duly approved by the competent authority. The affairs of the Institution are managed by a Committee of Management. The Scheme of Administration provides that term of the Committee of Management is three years. It is stated that the last undisputed election of the Committee of Management of the Institution was held on 04th October, 2009, wherein the petitioner no. 2 - Sri Man Singh was elected as Manager and his signatures were attested by the District Inspector of Schools on 04th October, 2009 itself. On 24th February, 2010 a resolution was taken by the Committee of Management for enrolling new members in the General Body of the parent Society, which has established the Institution. In this regard, a public notice was issued in the daily newspaper 'Dainik Aaj' on 27th February, 2010. In the notice it was mentioned that the application for membership along with membership fee would be deposited between 27th February, 2010 to 01st March, 2010. It is averred in the writ petition that in pursuance of the said public notice 350 Life Members were enrolled after approval from the Committee of Management and this fact was intimated to the District Inspector of Schools, Mirzapur and the concerned Joint Director of Education. As the term of three years of the Committee of Management was about to be completed, an election programme was published/ issued on 11th August, 2012, whereby 23rd September, 2012 was fixed for filing nomination paper and, if required, election was to be held on 30th September, 2012. This programme was published in the widely circulated newspaper 'Dainik Jagran'.
(3.) THE respondent no. 4 challenged the election programme before this Court by way of Writ -C No. 46233 of 2012 (Radhey Shyam Singh v. State of U.P. and others) inter alia on the ground that 350 members were illegally enrolled without following the provisions of the Scheme of Administration. Said writ petition was dismissed on 12th September, 2012 as premature and this Court left it open to raise the objection with regard to membership at the appropriate stage. A copy of the order of this Court dated 12th September, 2012 is on the record as annexure -8 to the writ petition. From the records it transpires that an application was moved by the respondent no. 4 before the Prescribed Authority on 13th September, 2012 under Section 25 (1) of the Societies Registration Act, 1860 to the effect that fresh election may be held on the basis of the electoral roll comprising of 551 Life Members, on the basis of which the previous election of 2009 was held. A prayer had also been made that membership of fresh members enrolled by the other faction may be cancelled. On the said application, the Prescribed Authority has passed an order on 13th September, 2012 that if more than 551 members have been made, then they may not be allowed to participate in the election. The Prescribed Authority fixed 20th September, 2012 as the next date.;