K. C. Dhulia, J. - (1.) BY means of this writ petition under Article 226 of the Constitution the petitioner has challenged the order dated 14th June 1984 passed by the District Inspector of Schools, Agra.
(2.) THERE is a dispute regarding the election of the Management Committee of Sri Panna Lal Digambar Jain Inter College, Firozabad. The last election took place on 3-3-1974. The term of the members and office bearers of the Management Committee is 3 years. Under para 6 of the Scheme of Administration the members and the office bearers are to continue in office until the next election. According to the petitioner, the next election was held on 6-5-1984 and Sri Jitendra Prasad Jain was elected President, while Sri Suresh Chand Jain was elected Manager. According to respondent No. 2, the election was held on 3-5-1984 and Sri Manik Chand Jain was elected President, while Sri Prem Chand Jain was elected Manager. On 29-5-1984 the respondent No. 1 (District Inspector of Schools, Agra) referred the dispute to the Deputy Director of Education, Agra under Section 16-A (7) of the Intermediate Education Act, 1921. On 14-6-1984 the respondent No. 1 passed the impugned order under Para 6 of the Scheme of Administration and attested the signature of respondent No. 2 for the purpose of payment of salary till the decision of the dispute by the Deputy Director of Education, Agra. The disposal of the writ petition involves a short question of law regarding the validity of the impugned order dated 14-6-1984. We have heard the learned counsel for the parties. As there is no dispute regarding facts, we are disposing of the petition at the stage of admission.
(3.) IN Civil Misc. Writ Petition No. 7674 of 1983, Uchchtar Madhyamic Vidyalaya, Mirzapur v. District INspector of Schools, Mirzapur it was held by this Court that after the reference to the Deputy Director of Education, the District INspector of Schools ceases to have any jurisdiction over the matter. In this case the District Inspector of Schools had referred the dispute to the Deputy Director of Education on 29-5-1984 and he had no jurisdiction to pass the impugned order on 14-6-1984. Under clause 6 of the Scheme of Administration, the term of the members and office bearers of the former Management Committee came to an end when the next election was held either on 3-5-1984 or 6-5-1984. The respondent No. 1 could not extend the term of office of respondent No. 2, the former Manager who is also said to have been elected on 3-5-1984. Under Section 16-A (7) of the Intermediate Education Act, the Deputy Director of Education has to determine as to which of the two rival Management Committees is in actual control and it is but proper that the District Inspector of Schools should not act in a manner which may improve the prospects of either rival group to the detriment of the other. The District Inspector of Schools (respondent No. 1) has ample powers under Section 5 of U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, U. P. Act No. 24 of 1971, to ensure the payment of salaries within time.;