V.N. Khare, J. - (1.) There is an institution know as Srimati Sukhdevi Inter College Hasanpur, Moradabad (hereinafter referred to as the Institution). The institution is recognized by the Board of High School and Intermediate Education Uttar Pradesh and has a Scheme of Administration. In June 1981, the elections for constituting the Committee of Management were held. The term of the said Committee of Management expired on 8th June 1984. It is alleged that since then no election for constituting the Committee of Management has taken place. In April 1988, the previous Committee of Management, of which the term had already expired, took steps for holding election for constituting the Committee of Management of the Institution. At this stage the petitioners filed the present writ petition under Article 226 of the Constitution praying for issue of a mandamus directing the Deputy Director of Education, Moradabad, respondent No. 2 to appoint a Prabandh Sanchalak to manage the affairs of the institution and also further directing the Prabandh Sanchalak so appointed to hold election for constituting the Committee of Management.
(2.) Notice of this petition was accepted by the Standing Counsel, respondent No. 4 has put in appearance and also filed a counter - affidavit. A counter - affidavit on behalf of respondents Nos. 1 to 3 has also been filed. Learned counsel for the parties agree that this petition be decided at the admission stage. We therefore, prepare to decide this petition finally.
(3.) Sri A.P. Singh, counsel for the petitioners argued that the proposed election at he instance of respondent No. 4, is wholly without any authority of law as its term has already expired and only the Prabandh Sanchalak, appointed by the Regional Deputy Director of Education can hold the election for constituting the Committee of Management.;