- (1.) The special appeal has arisen from the dismissal of a writ petition on 30 July 2015 by the learned Single Judge on the ground that the District Inspector of Schools1, while passing an order dated 12 June 2015, was acting in the capacity of an Arbitrator and not as a statutory authority. The learned Single Judge came to the conclusion that if the appellants are aggrieved by the order of the DIOS, they would be at liberty to approach the relevant forum for the redressal of their grievance.
(2.) The dispute in the present case relates to the Committee of Management of a recognized and aided intermediate college, called the Khalsa Inter College, Noorpur, District Bijnor2 which is conducted by the Sikh Vidya Sabha, a society registered under the Societies' Registration Act, 1860. Elections to the Committee of Management were held in 2009 which were stated to have been approved under an order of the Regional Level Committee of 7 February 2011 in pursuance of which the signature of the second appellant was attested as Manager on 9 February 2011. According to the appellants, the term of the Committee of Management is current till 2016. The dispute which arises has its genesis in 2014-15 when certain decisions were taken by the general body of the society and the Committee of Management, which are summarized below: (i) At a meeting of the general body held on 9 November 2014, a decision was taken to elect Dharmendra Singh against the vacant post of Vice President of the Committee of Management with a further resolution approving a proposal for effecting amendments in clause 10 (Ka), (1), (2), (3) and clause 10 (Ga), (1) and (2) of the scheme of administration. (ii) A meeting of the Committee of Management was held on 14 December 2014 in which a decision was taken removing Karan Singh Kapse from the post of Deputy Manager and Chand Deep Singh from his membership of the Committee of Management. (iii) A meeting of the Committee of Management was held on 4 April 2015 in which the decision taken on 14 December 2014 was approved and Guru Dayal Singh Tandon was elected as Deputy Manager and Harmeet Singh as Member of the Committee of Management for the remaining term; (iv) A meeting of the Committee of Management was held on 23 April 2015 in which one Sri Amrit was elected as the President of the Committee of Management; and (v) A meeting of the general body was held on 10 May 2015 in which a decision was taken terminating the membership of 51 members of the general body.
(3.) On 12 June 2015, the DIOS Bijnor, acting on the basis of a complaint dated 9 January 2015 (in respect of the proceedings dated 9 November 2014) and a complaint dated 30 May 2015, passed an order annulling the proceedings of the Committee of Management dated 14 December 2014, 4 April 2015 and 23 April 2015 and the proceedings of the general body dated 9 November 2014 and 10 May 2015.;