- (1.) N. L. Ganguly, J. Writ Petition No. 17306 of 1994, hereinafter referred to as 'the leading writ petition', is filed by Sri Yogendra Nath Singh, Manager of Shri Gandhi Ram Niranjan Inter College, Jaunpur. Sri Shailendra Nath Singh has filed Writ Petition No. 17307 of 1994 as Mantri/prabandhak, Sri Ram Niranjan Inter College (Samiti), Kajgaon, Jaunpur. In both the writ petitions the judgment and order of the Deputy Director of Education Vth Region, Varanasi, dated 18-4-1994 has been challenged. In both the writ peti tions the parties have exchanged their affidavits. The learned counsel for the parties in both the writ petitions have consented that both the writ petitions be finally decided instead of formal admission of the petitions.
(2.) IN the leading writ petition the petitioner has claimed a writ of certiorari quashing the order dated 18- 4-1994. IN the other writ petition the petitioner h s claimed a limited prayer for issuing a writ, rule, order or direc tion in the nature of certiorari quashing the order dated 18-4-1994, so far it has directed the respondent No. 3, Committee of Management (under the alleged manager ship of Sri Yogendra Nath Singh, petitioner of the leading writ peti tion) and also prayed for a direction to the respondent No. 1, D. D. E. to appoint Prabandh Sanchalak forthwith and get the election held through him. The perusal of the impugned judgment and order shows that one Dr. Sailendra Nath Singh claiming himself to be the Mantri/prabandhak of Shri Gandhi Ram Niranjan, Inter College, Kajgaon, Jaunpur submitted an application pleading that the institution is a recognised institution governed under the provisions of the U. P. Intermediate Education Act. The scheme of Administration is also approved. It was said in the application of Shailendra Nath Singh that in the institution Shri Gandhi Ram Niranjan Inter College, Kajgaon there was a Committee of Management working as the managing committee without any election for the said office. The society Shri Gandhi Sarvajanik Vidyalaya, Kajgaon, Jaunpur was registered on 29-11-1948. For about 44 years the registration of the society was never renewed. On 16-6-1992 the society was registered as Shri Ram Niranjan Inter College, Kajgaon, Jaunpur. It was pointed out that neither there had been any election for electing the office bearers of the society or the committee of management nor any paper in respect of the election of the office bearers was ever sent to the office of the D. I. O. S. Sri Shailendra Nath Singh submitted that in the capacity of the Secretary/manager of the Committee of Management requested the D. D. E. to appoint an authorised controller for holding election of the office bearers. On the application the D. D. E. had called for a report from the D. I. O. S.
(3.) AFTER receiving the query from the D. D. E. the D. I. O. S. , in his turn, asked the Committee of Management to furnish documents, namely, when the papers of the election held in the institution were sent for grant of approval. It was said in the letter of the D. 1. O. S. that there was no record available with the office of the D. I. O, S. to find out when the committee of the institution had sent election papers for approval. The D. 1. O. S. also want ed to know when the election was held in accordance with the amended scheme of Administration. It was directed that a report be sent within a week by the Committee of Management, failing which action be taken against the Com mittee of Management presuming that they have nothing to say in rebuttal. The judgment and order of the D. D. E. shows that the Committee of Management of the institution was constituted after election in the year 1990 and the signature of Sri Yogendra Nath Singh was attested after approval. It was also said that the election was held at 100'clock in the institution premises on 15-10-1990 according to the notified election pro gramme. Since there was no contest, the names of the persons seeking election were duly declared as elected office bearers in the presence of Sri Hari Narain, Advocate, Election Officer of Sri Gandhi Ram Niranjan Inter College, Kajgaon, Jaunpur. The D. I. O. S. by the order dated 3-9-1992 accorded permission recognising the election of the Committee of Management and attesting the signature of Sri Yogenura Nath Singh.;