RAKESH TIWARI, J. - (1.) HEARD Counsel for the petitioner and the Standing Counsel.
(2.) BHAWANI Shanker Inter College, Sadar Sarail, Noida, Gautam Budh Nagar is a recognized institution. The term of the committee of management is three years under Clause 8 of the scheme of Administration, which specifies that in case fresh election is not held within one month after expiry of the term, then in that event the Joint Director of Education shall appoint a Prabandh Sanchalak for holding fresh elections. The petitioner claims himself to be founder member of the general body. The election of committee of management took place on 12.4.2000. In which Sri Dharmvir Singh and the petitioner No. 2 were elected as President and Manager respectively and the election was thereafter approved by the ed­ucational authorities. After expiry of earlier term, fresh elections of the com­mittee of management were held on 29.4.2003 wherein Sri Dharmvir Singh and petitioner No. 2 were again elected as President and Manager respectively. It appears that by order dated 7.10.2003, the Joint Director of Education ap­pointed a Prabandh Sanchalak as elections of the erstwhile committee of man­agement had not been held within the time specified under Clause 8 of the Scheme of Administration.
(3.) AGGRIEVED by order dated 7.10.2003, the petitioner filed Writ Petition No. 56104 of 2003 challenging the validity and correctness of the order dated 7.10.2003. The aforesaid writ petition was disposed of by order dated 29.11.2004 by the following order : "On behalf of the petitioner it is contended that the order dated 7.10.2003 is patently illegal and without jurisdiction. The said order has been passed without notice and without affording opportunity of hearing to the petitioner (reference paragraph 12 of the writ petition). In view of un-controverted allegations made in the writ petition the order dated 7.10.2003 is established to have been passed without notice and without opportunity of hearing to the petitioner and as such is in violation of the principles of natural justice. Even otherwise in view of the Government Order dated 19.12.2000 the proceedings of the election are necessarily to be transmitted through the office of the District Inspector of Schools to the Regional Level Committee of which the Regional Joint Director of Education is the Chairman. It is only the Regional Level Committee which is to decide the issue as to whether the elections held are legal or not. After the Regional Level Committee accords approval to the elections, the elected office bearers are entitled to be put in control of the institution. The Regional Joint Director of Education cannot take any decision with regard to the election of a recognized Intermediate College (reference Civil Misc. Writ Petition No. 6971 of 2004, Naseem Ahmad and others v. D.I.O.S. Meerut and others. In such circumstances, the order passed by the Regional Joint Director of Education is without jurisdiction and in violation of principles of natural justice and is hereby quashed. It is directed that the relevant record per­taining to the elections of the committee of management dated 29.4.2003 shall be transmitted alongwith the report of D.I.O.S. to the office of Regional Joint Director of Education who shall in turn place the same be­fore the Regional Level Committee. The Regional Level Committee shall decide the legality or otherwise of the elections after affording opportu­nity of hearing to the parties concerned after forwarding the report of the D.I.O.S. dated 30.8.2003 to the petitioner. The Regional Level Committee shall pas a reasoned speaking order. The entire exercise shall be completed within two months from the date a certified copy of this order is produced before the Regional Joint Director of Education. If the Regional Level Committee upholds the legality of the elections, the Regional Joint Director of Education shall ensure that the charge of the institution is handed over the legally elected committee of management immediately. With the aforesaid directions, the petition is allowed.";