Arun Tandon - (1.) -Heard Sri N. L. Pandey on behalf of the petitioner, Sri Kapil Tyagi on behalf of respondent No. 5 and learned standing counsel on behalf of respondent Nos. 1 to 4.
(2.) SRI Krishak Vidya Pracharini Sabha, district Bulandshahr (now Gautam Budh Nagar) is a society duly registered under the Societies Registration Act. The said society has established a recognized and aided Intermediate College in the name and style of Bhartiya Adarsh Inter College, Tilpata, district Gautam Budh Nagar. The said institution is run and managed strictly in accordance with the provisions of Intermediate Education Act as well as in accordance with the provisions of the scheme of administration duly approved by the Regional Joint Director of Education. Undisputed elections of the Committee of Management in accordance with the approved scheme of administration took place on 12th December, 1998. According to the provisions of the scheme of administration, as applicable then, the term of the Committee of Management was provided as three years. The period whereof would expire on 11th November, 2001. However, before expiry of the said term of the Committee of Management a resolution was passed proposing amendment in the scheme of administration, as contained in Cause 5 (7), and it was proposed that in place of the term of three years, the term of the elected Committee of Management be 5 years. In accordance with the provisions of Section 16A (5) of the Intermediate Education Act, the aforesaid resolution was forwarded for necessary approval of the Deputy Director of Education (Joint Director of Education). The Joint Director of Education by means of his order dated 15.10.2001 granted approval to the aforesaid proposed amendment in the scheme of administration, specifically clause 5 (7). On the basis of the aforesaid amendment it is claimed that the term of the Committee of Management, which was elected on 12.11.1998, stood extended upto 11.11.2003 and therefore the Committee of Management continued to junction even after expiry of 3 years. On the basis of the aforesaid extended term of the Committee of Management, fresh elections of the Committee of Management are said to have been held by the out going office bearers on 7.11.2003. The said elections of the Committee of Management have been approved by the Regional Level Committee, constituted under the Government order dated 19th December, 2000 vide order dated 11.12.2003. The said order of the Regional Level Committee is under challenge in the present writ petition. On behalf of the petitioner it is contended that in view of the judgment of this Court dated 21.11.2002, passed in Writ Petition No. 49893 of 2002, Committee of Management, M. M. Inter College v. Regional Joint Director of Education and on the judgment of this Court in 1992 (1) UPLBEC 327, the existing Committee of Management cannot extend its own term by seeking amendment in the provisions of the scheme of administration inasmuch as the Committee, which has been elected in accordance with the existing term, cannot prolong its life by amendment of the clause pertaining to the term of the Committee of Management. Any amendment in that regard would be applicable to the Committee of Management elected subsequent to the amendment in the said provisions. On behalf of the respondent it is contended that it is always open to an existing Committee of Management to amend the provisions of the scheme of administration in view of the power conferred under Section 16A (5) of the Intermediate Education Act. Amendment once approved by the Joint Director of Education became applicable with immediate effect and, therefore, the term of the existing Committee of Management stood extended from 3 to 5 years from the date approval is granted by the Joint Director of Education. Since in the facts of the case, the term of the Committee of Management elected in the year, 1998 was subsisted from 3 years to 5 years under the amendment in the scheme of administration, duly approved by the Joint Director of Education, the Committee of Management is entitled to continue for the extended term (5 years) inasmuch as the amendment became applicable with immediate effect.
(3.) THE respondent has placed reliance upon the judgment of this Court dated 18th September, 2003 passed in Writ Petition No. 14041 of 2003, Committee of Management of Sri Guru Nanak Kanya Inter College, Bilaspur, District Rampur and others v. State of U. P. and others as also upon the Division Bench judgment of this Court in Committee of Management M.M.I. Inter College, Bijnor v. Deputy Director of Education and others, 1994 (24) ALR 410. In rejoinder, on behalf of the petitioner, it is contended that the Division Bench judgment relied upon by the respondent has no binding effect in view of the law laid down by the Hon'ble Supreme Court in the judgment in Divisional Controller v. Mahadeva, 2003 (7) SCC 197, specifically paragraph 23. Reliance has also been placed upon the letter of Director dated 4.8.2003.;