MANOJ KUMAR GUPTA, J. - (1.) Heard Sri Adarsh Singh, learned counsel for the petitioner, learned standing counsel for respondents 1 to 3 and Sri G.K. Singh, learned senior counsel assisted by Sri Bheem Singh for respondent no.4.
(2.) The petitioner is life member of General Body of a registered society in the name of Janta Vidhyalaya Gohra Alamgirpur, Zila Ghaziabad (now Hapur). The said society has established an educational institution in the name of Janta Inter College, Gohra Alamgirpur, Hapur. It is a recognised institution under the U.P. Intermediate Education Act, 1921 (herein after referred to as 'the Act'). The institution is receiving grant-in-aid from the State Government and consequently, the provisions of U.P. Act No.24 of 1971 are also applicable to it. A Scheme of Administration in terms of Section 16-A of the Act was approved on 14.11.1983. Clause 7 of the Scheme of Administration, which stipulated that the term of the Committee of Management would be three years with grace period of one month, was to the following effect:- ...[VARNACULAR TEXT UMITTED]...
(3.) On 4.7.2012, election of Committee of Management was held in which Gyan Veer Singh was elected as Manager. The said election was approved on 24.7.2012 by District Inspector of Schools, Hapur. The Committee elected on 4.7.2012, in a meeting held on 5.7.2014, proposed certain amendments in the Scheme of Administration, one amongst which was for extension of the term of the Committee of Management from three years to five years. On 21.7.2014, the General Body approved the resolution of the Committee of Management. The Committee of Management forwarded the papers to Joint Director of Education for approval of the amendments vide a communication dated 27.10.2014 followed by a reminder dated 17.1.2015. While the matter relating to approval of the amendments in the Scheme of Administration was pending before the Joint Director of Education, the term of the Committee was coming to an end and consequently, fresh election was held on 30.4.2015. In the said election, respondent no.4 was elected. The election was approved by District Inspector of Schools, Hapur on 6.5.2015 for the term stipulated under the Scheme of Administration. The Committee elected on 30.4.2015 came in control of the Management of the institution. A few days before, i.e. on 2.5.2015, the Joint Director of Education accorded approval to some of the amendments proposed in the Scheme of Administration including amendment in Clause 7, whereby the term of the Committee of Management was enlarged from three years to five years. While approving the amendment, the Joint Director of Education, having regard to a Circular dated 4.8.2003 issued by Director of Education, imposed condition to the effect that the amendment in Clause 7 would not enure to the benefit of the existing (orZeku) Committee of Management. On 26.7.2018, the petitioner filed an application before District Inspector of Schools praying for appointment of an Authorised Controller in the institution for holding election of the Committee of Management. The petitioner claimed that the term of the Committee of Management elected on 30.4.2015 came to end on 30.4.2018 and since no election was held even within grace period of one month provided under Clause 7 of the Scheme of Administration, consequently, in terms of the said clause, an Authorised Controller should be appointed for managing the institution and holding fresh election. The District Inspector of Schools, by order dated 30.8.2018, found the contention of the petitioner to be correct, being of the opinion that the amendment made in Clause 7 would not be applicable to the Committee elected on 30.4.2015 during subsistence of whose tenure amendment was approved and accordingly, directed for single operation of the accounts of the institution.;