Ashok Bhushan, J. - (1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri R. N. Yadav for the petitioners and Sri Shashi Nandan, Senior Advocate assisted by Sri I. R. Singh for the respondent No. 5 and the learned standing counsel. Counter and rejoinder affidavits have been exchanged between the contesting parties. With the consent of counsel for the parties the writ petition is being finally decided.
(2.) By this writ petition the petitioners have prayed for quashing the order dated 26.10.2005 passed by the Joint Director of Education, Varanasi Region, Varanasi holding that election of the Committee of Management claimed to have been held on 1.12.2002 is not recognised and Finance Officer and Account Officer, Regional Education Audit Organisation is appointed as Prabandh Sanchalak who is to conduct the election of the Committee of Management from the valid members of the society according to the Scheme of Administration within two months and hand over charge to newly elected Committee of Management after approval of the competent authority. A mandamus has also been sought directing respondents not to interfere in the functioning of the petitioner No. 2 as Manager of the Institution.
(3.) Brief facts necessary for deciding the writ petition are: Mohammad Hasan Inter College is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921. The institution is also receiving grant in aid from the State Government. The institution is being run by a registered society namely Anjuman Islamia, Jaunpur registered under the Societies Registration Act, 1860. The institution is a minority institution recognised by the Education Department of the State. The institution is being run in accordance with the approved Scheme of Administration framed under the U.P. Intermediate Education Act, 1921 (hereinafter to be referred as "Act, 1921"). The election of Committee of Management is claimed to be held on 1.12.2002 in which the petitioner No. 2 is said to have been elected as Manager of the Institution. The papers regarding election were submitted to the District Inspector of Schools. The District Inspector of Schools vide an order dated 7.3.2003 attested the signatures of the petitioner No. 2 as Manager of the Institution recognising the election dated 1.12.2002. A writ petition No. 49709 of 2005 (Javed Ahamad and four Ors. v. District Inspector of Schools Jaunpur and Ors.) was filed in this Court challenging the order dated 7.3.2003 of the District Inspector of Schools recognising election dated 1.12. 2002. This Court vide its judgement dated 17.8.2005 allowed the writ petition and quashed ' the order dated 7.3.2003. This Court directed the District Inspector of Schools to transmit the entire papers in respect of election dated 1.12.2002 to the Regional Committee which was directed to decide after being satisfied that: 1. Election meeting has been convened by the persons who had authority to convene the meeting and held election. 2. Persons who have participated in the election are valid members of the general body of the society. 3. Elections have been held strictly in consonance with the provisions as contained in the Scheme of Administration.;