Vineet Saran, J. - (1.) I have heard Sri V.M. Zaidi, learned Counsel appearing for the petitioners as well as learned Standing Counsel appearing for the respondents No. 1 to 5. A caveat application has been filed on behalf of Parvez Aftab who is represented by Sri Ramesh Kumar Shukla, Advocate, who has also been heard.
(2.) By means of this writ petition the petitioners have prayed for a direction in the nature of mandamus commanding the respondents to permit the petitioners to continue and manage the affairs of the Bijnor Inter College, Bijnor till the office bearers of the newly elected Committee of Management join their office in place of the petitioners.
(3.) Brief facts relevant for the decision of this case are that the election of the Committee of Management, of which petitioner No. 2 Javed Aftab Siddique was elected as Manager, was held in September, 1998. Admittedly, the term of the Committee of Management was of 5 years, which could be extended by six months. The elections of the new Committee of Management were to be conducted by the outgoing Committee. According to the petitioners the fresh election was held on 18.3.2004 in which the petitioner No. 2 Javed Aftab Siddique was again elected as Manager. However, the District Inspector of Schools as well as the Joint Director of Education disapproved the said elections. Some writ petitions were filed against the said orders and on directions issued by this Court, the matter was again decided by the District Inspector of Schools and the Joint Director of Education against the petitioners, and the fact remains that till date the newly elected Committee of Management has not been recognized. The State-respondents thereafter appointed an Authorized Controller to manage the affairs of the college. Such order was challenged by the petitioners herein but in a separate writ petition. Sri Zaidi, however, submits that the said petition was filed by the petitioners in their capacity as the newly elected Committee of Management and not the outgoing Committee of Management, in which capacity the present petition has been filed by the petitioners.;