- (1.) S. Srivastava, J. Aley Ahmad Girls Inter College, Amroha, District Moradabad is an educational institution covered under the provisions of Section 16-FF of the U. P. Board of High School and Intermediate Education Act which receives grant-in-aid from the State Government and which is governed by the provisions contained in Payment of Salaries Act (U. P. Act No. 24 of 1971 ).
(2.) THE Scheme of Administration for running and managing the aforesaid institu tion was approved by the Deputy Director of Education on 27. 7. 1995. In an election for constituting a Committee of Manage ment held on 10. 9. 1995, a Committee of Management with Syed Tajdar Husain was elected which was granted recognition by District Inspector of Schools vide his order dated 14. 2. 1996. As provided under Clause 9 (Kha) of the approved Scheme of Ad ministration, the tenure of a Committee of Management had to be for a period of three years only and in case within six months thereafter a new committee was not got elected the Deputy Director of Education was authorised to nominate one of the office bearers of the out-going committee of management to act as a Prabandh Sanchalak who was to get the election held at the earliest and hand over the charge to and to install a new Committee of Manage ment in office. It may be noticed that on 10th August, 1993, the Deputy Director of Education had issued a show cause notice calling upon the Manager Aley Ahmad Girls Inter College to explain as to why in-spite of the directions contained in the let ters issued by the Regional Inspectress of Girls Schools dated 1. 5. 1993 and 18. 6. 1993, no election for constituting a committee of management had been held and as to why a Prabandh Sanchalak be not appointed. It was subsequent to the issuance of the aforesaid letter that the State Government had taken a decision to declare the institu tion in question to be a minority institution for the purposes of Section 16-FF of the Act vide the order dated 22. 4. 1994 and it was only thereafter that the Scheme of Ad ministration for the institution in question with the aforesaid stipulations relating to the constituting of a Committee of Manage ment was approved on 27. 7. 1995. Although the District Inspector of Schools had granted recognition to the newly elected Committee of Management on 10. 9. 1995 vide his order dated 14. 2. 1996, the Deputy Director of Education (Basic) vide the order dated 6th March, 1996 proceeding on the assumption that the election proposed vide the letter of the Manager dated 7. 7. 1993 had not been held within a period of three years and six months, appointed a Prabandh Sanchalak purporting to act exer cising the jurisdiction envisaged under the amended clause (9) of the approved scheme of administration indicating that the Prabandh Sanchalak will stand vested with the powers and authority of a Committee of Management. Thereafter the Manager Aley Ahmad Girls Inter College moved an ap plication before the Deputy Director of Education informing him that the election had already been held on 10. 9. 1995 which had been recognised by the District Inspec tor of Schools also and in the circumstances, the order appointing the Prabandh Sanchalak be cancelled. The said applica tion is claimed to be pending without any orders being passed thereon. 4-A. Feeling aggrieved the petitioners in Civil Misc. Writ Petition No. 10869 of 1996 have approached this Court seeking redress praying for the quashing of the order dated 6. 3. 1996 passed by the Deputy Direc tor of Education and further seeking a direction restraining the said authority from interfering with the functioning of the petitioner Committee of Management.
(3.) IT appears from the record that sub sequent to the passing of the order dated 6. 3. 1996, whereunder Sri Jwala Prasad Pandey retired District Basic Education Officer had been appointed as Prabandh Sanchalak, the said Prabandh Sanchalak had shown his inability to continue as such where after vide the order dated 21. 5. 1996, the Regional Deputy Director of Education had ap pointed Syed Simar Mohammad Naqvi as the Prabandh Sanchalak but he having resigned vide the order dated 6. 7. 1996 ap pointed Syed Mohammad Saddiq as a Prabandh Sanchalak requiring him to get the election held for constituting a Commit tee of Management which should be in stalled in the office providing further that Prabandh Sanchalak shall exercise all the rights vesting in a Committee of Manage ment. The petitioners of Civil Misc. Writ Petition No. 10869 of 1996 have filed the other Writ Petition No. 22574 of 1996 pray ing for the quashing of the order dated 6. 7. 1996 passed by the Deputy Director of Education besides claiming another relief seeking to restrain the respondents includ ing the newly appointed Prabandh Sanchalak from interfering in the running and managing the affairs of the Institution by the petitioners.;