- (1.) R. H. Zaidi, J. Heard learned counsel for the parties, on the question of grant of interim relief and also carefully perused the record of the case.
(2.) THE present petition arises out of the dispute between two rival Committees of Management of educational institution known as Shri Ratan Mani Jain Inter College, Loha Mandi, Agra. It appears that one Shri Moti Lal Jain claimed that the election of the bearers and members of the Committee of Management of the College was held on 21-6-1991, in which he was elected as the manager. On the basis of the said election his signa tures were attested by the District Inspector of Schools, one Shri Kamal Kumar Jain belonging to the petitioners' group, took the matter before the Regional Deputy Director of Education claiming that election of the Committee of Management was held on 1-7-1991, in which he had claimed to have been elected as the manager of the college. THE Regional Deputy Director of Education, however, vide his order dated 27-4-1992 took the view that there existed no dispute between two Committees of Management inasmuch as the election dated 1-7-1991 set up by Shri Kamal Kumar Jain was the election of the society and not of the Committee of Management of the College. THE validity of the order dated 27-4-1992 was thereafter, challenged by Shri Kamal Kumar Jain before this Court in Civil Misc. Writ Petition No. 23703 of 1992. This Court by its judgment and order dated 22-9- 1992 confirmed the findings recorded by the Deputy Director of Education that the election held on 1-7- 1991 was the election of the society and not of Committee of Management. THE special appeal filed against the judgment and order dated 22-9-1992 was also dismissed on 6-4-1994. THEreafter, Special Leave Petition No. 6321 of 1995 appears to have been filed in the Supreme Court, which was also dismissed on 21-8-1995. Thus, the order passed by the Deputy Director of Education in favour of Shri Moti Lal Jain became final. THE term of the Committee of Management under the scheme of administration is three years, was to expire, consequently, the election of the office bearers and members was again held on 16-10-1994 in which Shri Sanjay Kumar Jain was elected as the manager of the college besides other office bearers and members. On the election papers relating to the aforesaid election being submitted before the District Inspector of Schools, the signatures of Shri Sanjay Kumar Jain were also attested on 22-10-1994. It would not be out of place to state that in the meanwhile, Shri Kamal Kumar Jain having failed to obtain favourable orders either from the Educational Authorities or from this Court filed Criminal Suit No. 230 of 1994 on 31-3-1994. It may be noted that in the said suit neither Shri Moti Lai Jain nor petitioners were impleaded as the defendants. Shri Kamal Kumar Jain succeeded in obtaining ex parte ad-interm injunction from the Civil Court restraining the defendants of the said suit from interfering in his functioning as the manager. Since, in spite of caveat being filed no notice was given to Shri Moti Lal Jain or the Committee of Management of the College. He made an application for impleadment as one of the defendants in the said suit. The said application was, however, rejected on 5-4-1994. Thereafter, Civil Misc. Writ Petition No. 12511 of 1994 was filed in this Court praying for a writ, order or direction in the nature of certiorari quashing the proceedings of Original Suit No. 320 of 1994 and the orders dated 4-4-1994 and 5-4-1994, referred to above. The said writ petition was partly allowed by this Court on 22- 4-1994 and the orders dated 4-4-1994 and 5-4-1994 were quashed. The respondents, against the order dated 22-4-1994 filed Special Leave Petition No. 7525 of 1995 in Hon'ble Supreme Court. It was on 7-4- 1995, that the operation of the order dated 22-4-1995 was stayed by the Hon'ble Supreme Court. On 31- 5-1995, name of Rajiv Ratan Jain was substituted in place of Kamal Kumar Jain in Original Suit No. 230 of 1994, by the Civil Court. From the facts narrated above, it is apparent that from 22-4-1994 till 7-4-1995 no interim order of any kind was in operation against the petitioner or against educational authorities. It may also be noted that the validity of the election dated 16-10-1994 and the order dated 22-10-1994 has not been challenged by any body, however, on 9-6-1995 the Deputy Director of Education apparently, on the basis of the order dated 7-4-1995 appears to have directed the District Inspector of Schools to attest the signatures of Shri Rajiv Ratan, respondent No. 7.
(3.) IN compliance of the said order, the signatures of Shri Rajiv Ratan were attested by the District INspector of Schools on 12-6-1995. On 16/19-9-1995 the Deputy Director of Education directed the District INspector of Schools to restore ; the status quo as before 9-6-1995. The District INspector of Schools vide order dated 18-9-1995 again recognised Shri Sanjay Kumar Jain. However, subsequently, on the same date another order was passed by the District INspector of Schools whereby the operation of the order dated 18-9-1995 passed in favour of Shri Sanjay Kumar Jain was stayed. The present petition No. 31972 of 1995 has been filed chal lenging the validity of the said subsequent order dated 18-9-1995. Both the aforesaid petitions were directed to be connected and heard together. In the meanwhile, vide order dated 7-10-1995 the order dated 18-9-1995 recognising Shre Sanjay Kumar as Manager was set aside. Petitioners, by means of amendment application have also challenged the validity of the said order dated 7-10-1995 which was allowed. The Special Leave Petition No. 6321 of 1995 challenging the validity of the order 22-4-1994 passed by this Court is pending disposal before the Hon'ble Supreme Court. It has been contended by the petitioner that from 22-4-1994 to 7-4-1995 neither the orders passed by the Civil Court nor any other court were in operation, therefore, the election of the office bearers and members of the Committee of Management was held in accordance with the SC'ittis of administration and signatures of the petitioners were rightly attested by the District. Inspector of Schools. It has also been contended that the orders passed by the Deputy Director of Education and that of this Court dated 22-9-1992 dismissing Civil Misc. Writ Petition No. 23703 of 1992 holding that the election set up by the contesting respondents alleged to have been held on 1-7-1991 was the ejection of the society and not of the Committee of Management have become final. The contesting respondents had, therefore, no right to interfere in the affairs of the college.;