- (1.) IN the present petition, the petitioner is seeking following reliefs : (i) to issue a writ, order or direction in the nature of mandamus commanding the Regional Joint Director of Education, Kanpur Region, Kanpur to appoint a Prabandh Sanchalak to manage the affairs of the institution till fresh elections are held and approved by the Regional Committee, as ordered by the Joint Director of Education on 8. 8. 2007 so that justice be done, (ii) to issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) to award cost of the writ petition to the petitioner.
(2.) HEARD Sri G. K. Singh, learned Counsel for the petitioner, Sri O. P. Singh, Senior Advocate, assisted by Sri Vijay Tripathi, learned Counsel for respondent No. 4 and learned Standing Counsel.
(3.) LEARNED Counsel for the petitioner submitted that by order dated 8. 8. 2007 Joint Director of Education has held that the elections claimed by both the parties were not valid and directed for the fresh elections. The said order was challenged in Writ Petition No. 41925 of 2007. The writ petition was dismissed on 19. 9. 2007 and the decision taken by the Regional Level Committee dated 8. 8. 2007 had been held correct. He submitted that the elections of both the parties have been held invalid thus in view of the decision of the Full Bench in the case of Committee of Management v. Deputy Director of Education and others, 2004 (4) ESC (All) 2257. an administrator should be appointed to look after the affairs of the institution till the fresh election takes place. The Full Bench held as follows : "where the Regional Deputy Director of Education finds that the election of both the rival committees are invalid, he is not required to decide the question of actual control to recognize one or the other committee of management, and instead he shall, where the scheme of administration provides for appointment of an Administrator (Prabandh Sanchalak), appoint an Administrator with the direction to hold elections expeditiously in accordance with the scheme of administration, and where there is no such provision in the scheme of administration he shall appoint an authorized Controller who shall expeditiously hold elections to the committee of management and shall manage the affairs of the institution until a lawfully elected committee of management is available for taking over the management. ";