- (1.) Heard counsel for the petitioners, learned standing counsel for the State respondents and Sri Arun Kumar Singh for the fourth respondent.
(2.) The dispute relating to the election of the Committee of Management of Subhash Inter College, Karkhiya, Azamgarh, which is a recognised institution under the U.P Intermediate Education Act, 1921 (The Act) was decided by the Regional Level Committee by order dated 2.6.2015. The Regional Level Committee held that alleged elections of the year 2012 set up by the second petitioner as well as the rival set of election by the fourth respondent were illegal. Consequently, the same were discarded and direction was issued to District Inspector of Schools, Azamgarh to conduct fresh election from valid members within a period of three months. Aggrieved by the said order dated, the Writ Petition No. 40418 of 2015 was filed by the petitioners. This Court, without interfering with the order dated 2.6.2015 passed by the Regional Level Committee, disposed of the Writ Petition by order dated 23.7.2015 and directed the District Inspector of Schools, Azamgarh to conclude the elections as per the order of the Regional Level Committee within a period of three months from the date of filing of a certified copy of the order. It seems that the District Inspector of Schools, Azamgarh thereafter called for valid list of members of the general body from the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh. However, the Assistant Registrar by this communication dated 1.10.2015 informed the third respondent that the original file relating to the society has been requisitioned by the S.D.M., Sagari before whom the management dispute relating to elections of the society is pending. He, therefore, expressed inability to send the list of valid members to the District Inspector of Schools, Azamgarh. On 2.12.2015, the third respondent apprised the second respondent of the stand taken by the Assistant Registrar. He pointed out that in the absence of any validly elected Committee managing the affairs of the institution, the teachers and employees of the institution are facing great difficulty in the matters relating to grant of leave, promotion and other matters, he, therefore, recommended for appointment of an Authorised Controller.
(3.) In pursuance of the said recommendation, the second respondent by impugned order dated 5.3.2016 has appointed an Authorised Controller in purported exercise of power under Section 14 of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.;