O.P. Garg, J. - (1.) By order dated 17th July. 1998. Annexure-14 to the writ petition, the Regional Joint Director of Education, 12th Region, Moradabad has approved amendment in clauses (8) and (9) in the Scheme of Administration of Kisan Adarsh Inter College, Khad Gujar, district Jyotiba Phulley Nagar whereby the term of the Committee of Maragement of the institution has been expanded and enlarged from three years to five years. This order has been challenged by means of the present writ petition under Article 226 of the Constitution of India under the following circumstances.
(2.) There is an Intermediate college known as Kisan Adarsh Inter College, Khad Gujar, Moradabad (Now) Jyotiba Phulley Nagar which is duly recognised under the provisions of U. P. Intermediate Education Act, 1921 and to which the provisions of U. P. Act No. XXIV of 1971 applied. The said institution is managed by a Society through a Committee of Management elected by the General Body of the Society. The aforesaid institution is managed by the Committee of Management under the provisions of the Scheme of Administration, a copy of which is Annexure-S.A. 1 to the supplementary affidavit filed by Jitendra Singh, respondent No. 4. The term of the Committee of Management under the unamended Scheme of Administration is three years and its office bearers are to hold office for another one month with a view to facilitate election to constitute new Committee of Management on the expiry of term of the previous Committee. Admittedly on 30.6.1992 the elections were held in which Vijai Veer Singh and Jitendra Singh were elected respectively as President and Manager of the Committee of Management. Well before the expiry of three years the term of the said Committee, fresh elections were held on 28.5.1995 in which again the same persons were elected as President and the Manager, The election held on 28.5.1995 was duly recognised by the concerned authorities and the signatures of Jitendra Singh as Manager were attested. A Writ Petition No. 19252 of 1995 was Tiled to challenge the said election. By order dated 19.7.1995, the Deputy Director of Education was directed to decide the controversy. By order dated 1.2.1996 the Deputy Director of Education appointed Smt. Wajahat Nisa Naqvi. Retd. District Inspector of Schools [Girls) as Authorised Controller. He came to the conclusion that the elections held on 18.5.1995 were farce and the recognition of the said election on 11.7.1995 was illegal. Against this order, another Writ Petition No. 4931 of 1996 was filed. By order dated 8.2.1996 passed by this Court, the order dated 1.2.1996 whereby the Authorised Controller was appointed was quashed and the Deputy Director concerned was directed to decide the controversy afresh after giving opportunity of hearing to the concerned parties. On 15.2,96 another order was passed appointing Jai Pal Singh, Professor and Head of the Department of English as Authorised Controller and it was directed that he shall take steps to hold fresh election so that new Committee of Management may take over the charge to manage the affairs of the institution. In Special Appeal No. 214 of 1996 a Division Bench of this Court ordered, on 22.8.1996 that if any election is held in pursuance of the order of the Deputy Director, the result of the same will not be given effect to until further order. The result of the protracted litigation has been that the Committee of Management of which Jitendra Singh was Manager, respondent No, 2 continued to function.
(3.) The term of the Committee of Management held on 28.5.1995 obviously was to expire on 27.5.1998 and elections were necessarily to be held to constitute new Committee of Management latest by 27th June. 1998. The case of the petitioners is that when the President and the Secretary finally, failed to requisition a meeting of the General Body to hold elections, a letter dated 20,5.1998 was sent to the D.I.O.S. who by his letter dated 23rd May. 1998 permitted to convene the meeting of the General Body under the provisions of clause (9) of the Scheme of Administration. A meeting of the General Body, it is alleged, was called after giving notice by registered post and under certificate of posting to the various members and a schedule of election was chalked out and intimated to all the members. According to the schedule, nomination were to be filed on 28.6.1998, withdrawal/scrutiny was to take place on 29.6.1998 and if necessary poll was to take place on 30.6.1998. The District Inspector of Schools did not appoint any Presiding Officer/observer to supervise the election. Consequently, one Sukhdarshan Singh Shekhon Principal of Sikh Inter College, Narangpur was appointed as the Presiding Officer by the various founder and life members. An intimation of the above fact was also sent to the D.I.O.S. Annexure-2 to the petition indicates that President Chaudhary Natthu Singh Yadav and Manager Chaudhary Mahendra Singh along with other three office bearers were unanimously elected on 30.6.1998. Relevant documents were submitted to the District Inspector of Schools on 1.7.1998 by the founder patron who was elected as Manager for recognition which did not come into existence. The petitioners alleged that the D.I.O.S. withheld the recognition of the duly elected Committee of Management on 30.6.1998 on the ground that the provisions of clauses (8) and (9) of the Scheme of Administration have been amended, inasmuch as the term of the Committee of Management has been enlarged from three years to five years and since the five years term of the Committee of Management, respondent No. 4, had not come to an end, the elections of the new Committee of Management, i.e., petitioner No. 2 could not be recognised. It is alleged that the impugned order of the Deputy Director of Education dated 17.7.1998 approving the amendment in the Scheme of Administration is illegal and unauthorised.;