C.P.Garg, J. - (1.) By means of this writ petition, under Article 226 of the Constitution of India, it is prayed that the impugned orders dated 16-7-1998 and 18-7-1998 (Annexures 5 and 6 respectively) passed by the District Inspector of Schools (for short 'DIOS') Bulandshahr-respondent No. 1 be quashed and the respondents be commanded not to interfere with the working of the petitioners' Committee of Management, which has been validly elected on 29th May, 1998 and of which Someshwar Prasad is the Manager.
(2.) Counter and rejoinder affidavit, as well as supplementary affidavits have been exchanged. Heard Sri A.K. Yog, learned senior counsel assisted by Ms. Anu Jaiswal, learned counsel for the petitioners, Sri Ratnesh Kumar Pandey, learned counsel for the contesting respondent No. 3 as well as learned Standing Counsel for respondent Nos. 1 and 2.
(3.) The dispute relates to the validity or otherwise of the election to constitute a Committee of Management which runs Ganesh Smarak Adarsh Inter College, "Narsena Bulandshahr, which is a recognised and aided institution governed by the provisions of U. P. Intermediate Education Act, 1921. There is a duly approved Scheme of Administration in pursuance of which the affairs of the institution are managed. It is an admitted fact that last elections of the Committee of Management and its office bearers were held on 16-6-1995 in which S/Sri Satya Prakash and Someshwar Prasad were respectively elected as the President and the Manager. This Committee was recognised and approved by the DIOS by his order dated 19-2-1996 and the signatures of Someshwar Prasad as Manager were attested. The term of the Committee of Management was to expire in the year 1998 and consequently on 28-2-98, a meeting was held to finalise the election schedule. It is alleged by the petitioners that elections were held to constitute the new Committee of Management on 29-5-1998 in which again S/Sri Satya Prakash and Someshwar Prasad were respectively elected as President and Manager. Necessary papers were submitted to the DIOS for recognising newly elected Committee of Management but it was not done on account of the fact that a rival Committee of Management having been elected, was set up by Shanti Swaroop Sharma-respondent No. 3. The Committee of Management of which Shanti Swaroop Sharma claims himself to be the Manager was recognised on 18-7-1998 by the DIOS. Aggrieved, the petitioners made a representation dated 19-7-1998 to the Joint Director to challenge the order dated 18-7-1998 passed by the DIOS. The said representation is still pending before the Joint Director. It was followed by another reminder/representation dated 22-7-1998.;