- (1.) The petitioner is a life member and ex-manager of a recognised institution in the name of Shyam Krishna Inter College, Gorakhpur. The institution is run by a duly approved scheme of administration under Section 16-A of the U.P. Intermediate Education Act, 1921. Under clause 8 of the scheme of administration, the term of the committee of management is three years from the date it is chosen, provided that the term of every office bearers shall be deemed to have continued till his successor is chosen. Clause 9 provides the manner in which casual vacancies are to be filled up. Thereunder, the committee is authorised to fill the casual vacancies for the unexpired period of the term. It seems that earlier the father of Sri Mahendra Pratap Tripathi was the manager of the committee of management of the institution, but he died. The case of Sri Mahendra Pratap Tripathi his son was that he was the Deputy Manager and was co-opted in his place. However, according to the petitioner, he was not even a member of the general body. However, it is not in dispute between the parties that the fifth respondent with Sri Mahendra Pratap Tripathi as manager had been managing the institution since the year 2005.
(2.) It appears from the record that certain complaints were made before the third and fourth respondents in regard to illegal continuance in office of the manager, Sri Mahendra Pratap Tripathi. The third respondent, taking cognizance of the complaints made, called for a report from District Inspector of Schools, Gorakhpur. The District Inspector of Schools, Gorakhpur, the fourth respondent by his letter dated 1.8.2015 informed the third respondent that he had called for an explanation from the manager. A copy of the explanation submitted by manager Sri Mahendra Pratap Tripathi on 20.3.2015 was enclosed along with the letter. A perusal of explanation given by Sri Mahendra Pratap Tripathi reveals that he had placed reliance on certain order issued in a civil suit, which permitted the manager to remain in office until decision by the civil court. It is claimed that the civil suit no. 427 of 1991, wherein, the said order was passed is still pending. It is thus sought to be suggested that even the fifth respondent admits that no elections have taken place for last several years.
(3.) The third respondent consequently, by his letter dated 23.9.2015 made recommendation to the second respondent to initiate proceedings for appointing authorised controller in exercise of power under Section 16-D of the Act.;