- (1.) This writ petition is directed against the order dated 20-3-1995 passed by the Deputy Director of Education by which the order of the District Inspector of Schools recognising Sri Aridaman Singh as Manager of the Committee of Management of the institution was set aside and a direction was issued for appointment of Sri Ram Raksh Pal Sharma, Director Nehru Yuva Kendra, Moradabad as authorised controller, who was directed to hold the election of the committee of management according to para 8 of the Scheme of Administration. The authorised controller was to exercise of powers of the Committee of management.
(2.) Lakhauri Inter College, Lakhauri, district Moradabad is a recognised Intermediate College governed under the provisions of the U.P. Intermediate Education Act,1921. The institution is to function according to the provisions of the U.P. Intermediate Education Act,1921, hereinafter referred to as 'the Act' and the Scheme of Administration through the committee of management. The committee of management is to be elected according to the Scheme of Administration. The petitioner claims that the last election of the committee of management was held in February, 1991. Sri Jiwan Singh and Aridaman Singh were elected as President and Manager of the Committee of management besides other office bearers. The tenure of the committee was up to 7-3-1994. The petitioner stated that by letter dated 2-2-1994 information was sent by the manager of the committee to the District Inspector of Schools that election was due to be held. The D.I.O.S. was requested to nominate a presiding officer to preside over the election meeting and to appoint an observer on behalf of the D.I.O.S. The D.I.O.S. vide letter dated 4-2-1994 appointed the Principal of Kameshwar Uchchattar Madhyamik Vidayalaya, Niwar Khas, Moradabad as Presiding Officer and nominated the Sub Deputy Inspector of Schools, Sambhal, District Moradabad as observer on his behalf to supervise the election. It is said that the election was duly held after publication of notices etc. in the newspaper in the premises of the College itself wherein Indra Pal Singh was elected as President and Aridaman Singh as Manager besides other members of the committee of management. The District Inspector of Schools by his order dated 12-2-1994 attested the signature of petitioner No.2 Aridaman Singh as Manager with a condition that in case of any facts are concealed, it shall stand rejected.
(3.) . It is said that Sri Vikram Singh appears to have filed a representation before the District Inspector of Schools pleading that he was a member of the general body of the committee, a number of members who ought to have been included in the list of voters were not included therein. It was urged that the election in which the petitioner No.2 Aridaman Singh was elected as manager and Sri Indra Pal Singh as President, was not legal and correct election. The representation of Sri Vikram Singh and others filed before the District Inspector of Schools was directed to be decided by an order of the High Court dated 6-4-1994. The representation of Sri Vikram Singh O.P. was thus decided by the District Inspector of Schools by his order dated 18-6-1994. A copy of the said order has already been annexed as Annexure 5 to the writ petition. The D.I.O.S. by the order dated 18-6-1994 was pleased to approve and affirm the election of Sri Indra Pal Singh and Sri Aridaman Singh as President and Manager of the Committee of management in the election on 12-2-1994. The said election was held to be valid and conducted according to the Scheme of Administration. The representation of Sri Jiwan Singh O.P. was thus disposed and rejected.;