- (1.) Petitioner no.1 is a society registered under the provisions of the Societies Registration Act, 1860. Petitioner no.2 claims himself to be the Manager of the said society. The society is running an educational institution in the name of Haji Balli Memorial Uchchatar Madhyamik Vidyalaya, Deoria Meer, Deoria, which is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921. The petitioners have approached this Court assailing the validity of the order 21.3.2014, whereby the Committee elected on 12.1.2014 with one Jai Narain Singh as its President (respondent no.5) and petitioner no.2 as its Manager, has been recognised. The petitioners have also assailed the validity of the order dated 14.8.2015 passed by District Inspector of Schools, Deoria directing for single operation of the account of the institution in exercise of power under Sections 3 and 6 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.
(2.) The order dated 14.8.2015 recites that the President of the Committee of Management elected on 12.1.2015 by his letter dated 18.6.2015 informed that in the meeting of the Committee held on 8.6.2015 the petitioner no.2, the Manager of the Committee was removed. In the same meeting, one Mohd. Miraz Alam is stated to have been appointed as officiating manager and request was made to the District Inspector of Schools for attestation of his signatures. On coming to know of the said fact, the second petitioner herein made a representation dated 11.7.2015 before the District Inspector of Schools contending that his alleged removal from the post of Manager is wholly illegal. The District Inspector of Schools has concluded that in view of managerial dispute pending in the institution, the salary of the teaching and non teaching staff could not be paid since the month of June, 2015 and consequently, it has become necessary to direct single operation of account, so that the salary of the teaching and non teaching staff is paid regularly. The order further states that as soon as the position regarding the person entitled to hold the post of Manager becomes clear, the order of single operation will automatically loose its efficacy.
(3.) Learned counsel for the petitioners contended that the alleged elections held on 12.1.2014 are wholly illegal. It is further submitted that the institution in question is a minority institution and for declaration of the institution as such, the proceedings are also pending. It is submitted that Jai Narain Singh, who claims to have been elected as President on 12.1.2014 could not have been elected, as such, as in the society in question no person, who is not Muslim by caste, can become a member. It is submitted that the entire proceedings relating to expulsion of the petitioner from the post of Manager, is a result of manipulation and fraud. He further submitted that in the facts and circumstances aforesaid, the District Inspector of Schools, Deoria, who is already in seisin over the matter, be directed to decide the controversy, taking into consideration the representation made by the petitioners on 11.7.2015 within a specified time. It is further pointed out that the petitioners have made a further representation on 18.9.2015 in continuation of the earlier representation and the same may also be directed to be decided.;