J. N. Dubey, J. - (1.) SRI Gandhi Vidyapeeth Inter College, Ghatampur, district Kanpur Dehat is run under a Scheme of Administration framed under the U. P. Intermediate Education Act. It is common case of the parties that an election to constitute the committee of management of the said college was held on 1-4- 1988. The parties are, however, divided on the question as to who were the persons elected to constitute the committee of management. According to the petitioners, a committee of management with petitioner no. 2 as its Manager was constituted on that date. On the other hand, respondent no. 2 asserted that no such committee of management as alleged by the petitioners was elected on that date and that another committee of management of which he was the Manager had been elected. The matter was referred to the District Inspector of Schools who, by his order dated 20-4-1988, held that the committee of management of which respondent no. 2 was the Manager was duly constituted committee of management.
(2.) LEARNED counsel for the petitioners contended that since a dispute with respect to management of the institution had come into existence before the District Inspector of Schools he had no jurisdiction to recognise either of the committees of management. The dispute should have been referred to the Regional Deputy Director of Education for decision under Section 16-A (7) of the Act. In Committee of Management S. A. V. Inter College v. District Inspector of Schools (Writ Petition No. 12725 of 1975) a Division Bench of this Court held : " Under the U. P. Intermediate Education Act as well as under the High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, the District Inspector of Schools has to perform various administrative functions of statutory character in collaboration with the management of High Schools and Intermediate Colleges. These duties cannot be discharged by the District Inspector of Schools unless he is in a position to find out on an administrative level as to who are the real office bearers of the College. For this limited purpose the District Inspector of Schools must of necessity satisfy himself as to who, according to him, are validly elected office bearers of the institution. If any party feels dissatisfied with the administrative decision taken by the District Inspector of Schools he is at liberty to file a suit against the rival claimants for adjudication of their rights either as office bearers or as members of the Managing Committee. In the event of a decree being obtained by such a party there can be little doubt that the District Inspector of Schools, in case he has taken a wrong decision, will alter his decision and will recognise that party in whose favour decision has been given judicially." In Committee of Management v. The District Inspector of Schools, Meerut, 1978 AWC 124, this court, relying upon the above decision, held : " Simply because a dispute was raised in regard to the validity of the said election the District Inspector of Schools was not right in taking the view that until the dispute was resolved by a civil court or amicably between the parties it is the office bearers of the old managing committee whose terms had apparently expired would continue to be recognised by him. If the view taken by the Distt. Inspector of Schools is upheld it is likely to lead to disastrous results. For instance even if in a given case fresh election may have validly taken place all that the office bearers of the old committee of management, whose term has expired, need do is to raise a dispute before the District Inspector of Schools and thereby deprive the new office bearers to discharge their functions and themselves continue as office bearers of the committee of management even though their term had expired. "
(3.) THE decision in S. A. V. Inter College v. District Inspector of Schools (Supra) was consistently followed by this Court in several subsequent cases including Committee of Management, Inter College, Nonapur v. Distt. Inspector of Schools, Kanpur, 1979 ALJ 33, Jaswant Singh v. District Inspector of Schools, 1980 UPLBEC 43, Committee of Management, Nonapur Inter College, Kanpur v. THE District Inspector of Schools, Kanpur, 1980 UPLBEC 209, and THE Committee of Management of Vedic Kanya Inter College, Dadri, Ghaziabad v. THE Regional Inspectress of Girls Schools, 1st Region, Meerut, 1982 Education Cases 202. Section 16-A of U. P. Intermediate Education Act was amended by U. P. Intermediate Education (Amendment) Act 1981 and a new clause (7) was added to it which runs as under : " (7) Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction direct otherwise : Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing. Explanation :-In. determining the question as to who is in actual control of the affairs of the institution, the Regional Deputy Director of Education shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under sub-section (5) and other relevant circumstances." ;