M.P.Singh, J. - (1.) THIS writ petition is directed against two separate orders of the District Inspector of Schools passed on 25-1-1994. By the first order the opposite party no 3 has been recognised as a duly elected Manager. His signature was attested by the second order.
(2.) SRI Girdhari Lal Higher Secondary School, Chulhawali, Tundala, District Firozabad is an educational institution recognised under the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). It has a duly approved scheme of administration and the management of the institution is run in accordance with it. The dispute in this case is between two rival committees of management. The petitioner no. 2 Bhagwan Pathak is claiming to be the validly elected Manager On the other hand the opposite party no. 3 has staked his claim as Manager. Both the parties claim that the election took place in the year 1993 but on different dates. Prior to the disputed election of 1993. an election was held on 30-5-1990 in which Ranjeet Singh and Saudan Singh claimed to have been elected as President and Manager respectively. On the other hand Gyan Singh and Viri Singh asserted themselves to be the President and Manager elected on that date. The dispute- was referred to the Deputy Director of under section 16 A (7) of the Act. The Deputy Director of Education vide his order dated 28-12-1990 recognised Saudan Singh Manager and Viri Singh as President.
(3.) THE said order was challenged by Ranjeet Singh and Bhagwan Pathak in writ petition no. 918 of 1991. THE operation of the order dated 28-12 1990 was stayed. THE result was that none of the committee was allowed to function. THE District Inspector of Schools exercising his power under section 5 (1) of the U. P. High School and Intermediate Colleges (Payment of Salaries of Teahers and other, Employees) Act, 1971 passed an order of single operation of the bank account on 21-5-1991. THE salary to the teachers and other employees working in the institution had been paid under his signatures. It is admitted to both the parties that an election was held on 30-5-1990. According to the scheme of administration the term of the committee was of three years, which expired on 29-5-l993. No fresh election was held within one month from, the date of expiry of its term by the outgoing committee of management.;