Rakesh Tiwari - (1.) -Heard Sri R. K. Ojha, counsel for the petitioner and Sri K. Ajeet appearing for caveator-respondent No. 4 and the standing counsel.
(2.) THIS petition is directed against the impugned order dated 3.4.2008 passed by the Regional Level Committee headed by Joint Director of Education, Agra Region, Agra, by which election of the committee of management held on 24.6.2007 headed by Sri Narain Singh as President and Sri Shiv Nath Dubey as Manager has been recognized whereas elections conducted by the petitioner on the same day electing Sri Bhuvnesh Kumar Dubey as President and Sri Vinay Kumar Dubey as Manager has been rejected. Contention of the counsel for petitioner is that the impugned order of the Regional Level Committee shows that the petitioner was present on 22.2.2008, the date fixed by the Joint Director of Education, Agra Region, Agra, but he himself was not present on 22.2.2008, as such no hearing was done on that date. It is stated that instead of fixing another date, the order impugned has been passed ex parte in violation of the principles of natural justice denying any opportunity of hearing to the petitioner. The second leg of contention of the counsel for petitioner is that the amended scheme of administration which is approved by the Joint Director of Education on 4.12.2006 and effective from 5.12.2006, provides for tenure of the committee of management and its paragraph 8 stipulates that if tenure of the committee of management has expired, then it will cease to function and the election has to be held under the supervision and control of the authorised controller.
(3.) IT is submitted that in the present case, though the authorised controller has been appointed on expiry of the term of the committee of management, yet the elections are said to have been set up by two rival committees of management, therefore, the recognition granted by the Regional Level Committee to respondent No. 4 committee of management, is against the provisions of scheme of administration. In this regard, the counsel for the petitioner has relied upon the decision in Committee of Management, Pt. Jawahar Lal Nehru Inter College. Bansgaon, Gorakhapur and another v. Deputy Director of Education, Gorakhpur Region, Gorakhpur and others, 2005 (1) UPLBEC 85 : 2005 (5) AWC 4486 (LB-FB), wherein it has been held that if tenure of the committee of management has expired, then it is the authorised controller who can hold the elections and not any other person. The counsel for petitioner has assailed the impugned order also on the ground that insofar as the election of respondent No. 4 held on 24.6.2007 is concerned, it was never held in the college campus nor the election proceedings were ever initiated. The said election is said to have been conducted on papers only which are manufactured and procured at the residence of the election officer. It is also stated that the election observer also never attended the election proceedings as he was performing his office duties which fact can be verified from his office record.;