Arun Tandon - (1.) -Heard Sri R. N. Singh no behalf of the Committee of Management, Sri R. C. Singh on behalf of respondent No. 5 and standing counsel on behalf of other respondents.
(2.) ADARSH Inter College, Handia Mittoopur, Azamgarh is an institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with an approved scheme of administration. Petitioner Committee of Management through its alleged Manager Sri Jitendra Kumar Jaiswal has filed this writ petition against the order passed by the Regional Joint Director of Education dated 3rd January, 2004. By means of the said order, the Regional Joint Director of Education has held that the elections set up by the petitioner dated 17.11.2002 cannot be recognized and therefore he has appointed a Prabandh Sanchalak in the institution for getting fresh elections of the Committee of Management held. On behalf of petitioner it is contended that undisputed elections had taken place on 20.5.1999. The said selections were recognized by the District Inspector of Schools by means of the order dated 30th October, 1999 and the elected Committee of Management was put in control of the affairs of the institution with effect from the said date. It is contended that the term of the office bearers has been provided three years with a condition that they shall continue to hold office till their successors are elected. It is further contended that the fresh elections of the Committee of Management were held on 17.11.2002 and all relevant papers in that regard were transmitted to the District Inspector of Schools on 20.11.2002 for being placed before the Regional Level Committee, constituted under the Government order dated 19th December, 2000. While the elections papers so transmitted to the office of the District Inspector of Schools were still engaging attention of the competent authority. The Regional Joint Director of Education, Azamgarh Region, Azamgarh passed an order dated 23.3.2003, whereby he appointed as Prabandh Sanchalak in the institution on the ground that the elections have not been held by the Committee of Management within the time. Feeling aggrieved by the aforesaid order of the Regional Joint Director of Education dated 23.3.2003, petitioner filed Writ Petition No. 21927 of 2003. The writ petition was disposed of by means of order dated 19.5.2003 which required the Regional Joint Director of Education to reconsider the matter afresh after affording opportunity of hearing to the petitioner and other such claimants. The Regional Joint Director of Education in compliance of the order of this Court dated 19.5.2003, referred to above, has passed the impugned order dated 3.1.2004 (wrongly mentioned as 3.1.2003). Hence the present writ petition.
(3.) ON behalf of the petitioner it is submitted that the said order is a non-speaking order as no reasons have been assigned nor any clauses of the scheme of administration, which are said to have been violated, have been mentioned in the said order for the purposes of declaring the elections dated 17.11.2002 as illegal. According to petitioner the Regional Joint Director of Education has failed to take into consideration the provisions of the scheme of administration specifically clause providing for the term of the Committee of Management, while passing the impugned order. Lastly it is contended that in any view of the matter there is no provision under the scheme of administration for appointment of Prabandh Sanchalak, even if the elections are not held within time. Therefore, the order passed by the Regional Joint Director of Education appointing Prabandh Sanchalak is, as such, wholly without jurisdiction On behalf of the respondent it is contended that the elections have not been held in accordance with the scheme of administration and further the said elections have been held after expiry of prescribed term of three years and therefore the Regional Joint Director of Education has rightly appointed a Prabandh Sanchalak for the purpose of getting fresh elections of the Committee of Management held. Such an order passed by the Regional Joint Director of Education does not call for any interference under Article 226 of the Constitution of India.;