- (1.) O. P. Garg, J. Counter and rejoinder affidavits have been exchanged and with the consent of learned Counsel for the parties, this writ petition is being finally disposed of.
(2.) HEARD Sri Ravi Kiran Jain, assisted by Sri Janardhan Sahai, learned Counsel for the petitioners and Sri Ramendra As thana, learned Counsel for the respondent Nos. 2 to 5 as well as the learned Standing Counsel for the respondent No. 1. There is registered society known as Muslim Educational Society, Shahjanpur. It is governed by its bye-laws. This society runs three Muslim minority educa tional institutions, namely, (i) G. F. College, Shahjahanpur, which is a Post Graduate College; (ii) Islamia Inter Col lege and (iii) A. Z. Khan Higher Secondary School, Shahjahanpur. The term of the governing body of the society and that of the committee of management of the three institutions is three years. The last elec tions were admittedly held on 25-5-1995 in which Sri Azizur Rahaman was elected as President while Sri Haji Jameel Uddin Khan, Malik Abdul Waheed and Sajjad Husain Khan were respectively elected as Vice-President, Secretary/manager and Treasurer, besides seven other members. The term of the bodies elected on 25- 6-1995 came to an end in June 1998. A notice for convening a meeting on 21-5-1998 to chalk out the election programme was published in Amar Ujala, a Hindi daily having wide circulation, under the name of Malik Abdul Wahid, Secretary/manager. The election was to be held on 28-6-1998. Azizur Rahman Khan, President sent a letter on 27-5-1998 to the District Inspec tor of Schools (for short 'digs') to ap point an observer so that he may remain present at the time of elections to be held on 28-6-1998. The DIGS by letter dated 30-5-1998 refused to appoint an observer primarily on the ground that a copy of the newspaper as well as Scheme of Ad ministration be sent to him and that with regard to the election of G. F. Post Graduate College, intimation be sent to the Vice-Chancellor, Rohailkh and University. It appears that the relevant information was submitted to the DIGS who ultimately by letter dated 25-6-1998 refused to appoint an observer as accord ing to him, the provisions of clause 5 (3) of the Scheme of Administration had not been complied with. The case of the petitioners is that on 28-6-1998, the meeting for election was convened and in the presence of all the members who had assembled and had signed the proceedings in token of their attendance, they were informed that the election cannot be held as the DIGS has refused to appoint an observer and, there after, the meeting was disbursed. The case of the respondents, on the other hand, is that the majority of the members, i. e. , 42 out of 59, who were present in the meeting had taken the decision that the election should not be postponed and it should be held then and there. It is alleged that the elections were held in the meeting con vened for the purpose on 28-6-98 in which Haji Jameel Uddin was elected while the petitioner Azizur Rahman Khan was defeated. It is also alleged by the respon dents that the election was held under the observance of one Gazanfar Ali who was elected as observer according to the provisions of the Scheme of Administra tion. Azizur Rahman challenged the hold ing of the alleged elections in the meeting of 28-6-1998 and made representations to the Vice- Chancellor as well as DIGS on 30-6-1998. DIGS recognised the Commit tees of Management of the different in stitutions of which Haji Jamiluddin Khan was President by order dated 13-7-1998, a copy of which is Annexure 11 to the writ petition. Haji Jameeluddin Khan is the president of the three Committees of Management while S/sri Abdul Wahid Khan, Salim Ahmad Khan and Yaminud-din Khan were respectively recognised as the Manager of G. F. College, Islamia Inter College and AZ. Khan Higher Secondary School, Shahjahanpur. It is this order, which has been challenged in the present writ petition on the grounds that, as a matter of fact, no election had taken place in the meeting convened on 28-5- 1998; that the DIGS had committed a grave il legality in recognising Haji Jamiluddin Khan as the President of the three dif ferent committees of management and that the order passed by the DIGS dated 13-7-1998 (Annexure 11) is in flagrant violation of the principles of natural jus tice as no opportunity of hearing was given to Azizur Rahman Khan, petitioner, par ticularly when a representation was made by him on 30-6-1998. Sri Ravi Kiran Jain further urged that since a dispute between the two rival committees of management had come into existence, the only course which could be adopted by the DIGS was to have made a reference to the Dy. Direc tor of Education concerned under Section 16-A (7) of the U. P. Intermediate Educa tion Act, 1921, (hereinafter referred to as 'the Act' ).
(3.) TB begin with, it may be mentioned that the DIGS has to perform various ad ministrative functions in collaboration with the committees of management of different institutions and for this purpose, he has to recognise the committees of management and to attest signatures of the concerned managers. Before recognis ing a committee of management and at testing the signatures of the manager, an administrative enquiry may be necessary where some sort or dispute or doubt about the election of new committee of manage ment and its office bearer is raised. This aspect of the matter has been considered in the earlier decisions of this Court in Committee of Management SAV Inter Col lege v. District Inspector of Schools, (Civil Misc. Writ No. 12725 of 1975, decided on 24-11-1997 by a Division Bench of this Court); Committee of Management and another v. DIOS Meerut and another, 1978 AWC 124; Committee of Management Vaidik Higher Secondary School Faizpur Ninana and another v. DIOS Meerut and another, (1993) 2 UPLBEC 934 and Gauri Shankar Rai and another v. Dr. Ram Lakhan Pandey, DIOS Ballia and others, (1984) UPLBEC 166. The gamut of all. these rulings is that the DIOS recognises a new committee of management for day to day work of the department, such as payment of salary to the teachers and staff of the college. In discharging the administration function, it cannot be said that the DIOS decides any dispute relating to election of rival committees of management. It has also been held that simply because a dispute has come to be raised in regard to validity of a particular election, DIOS cannot shirk in his duty to recognise a par ticular committee of management and to attest the signatures of its manager. In the present case, it is an in dubitable fact that last elections were held on 25-6-1995. According to the bye-laws of the society and the scheme of administra tion of the three institutions, the period of the committee of management is three years though in the scheme of administra tion, which has been filed with the rejoinder affidavit (R. A. 1) it is mentioned that every office bearer shall continue till the new office bearers are elected. It is also an admitted fact that since the term of the committees of management was going to expire by allowing one month's grace period for organising election etc. , in July 1998, a date for election was notified and according to schedule of election, it was to take place on 28-6-1998. It is the common case of the parties that a meeting was con vened for holding elections on 28-6-1998. The notification about the schedule of election was made under the signatures of Malik Abdul Waheed Khan. It appears that the request of Azizur Rahman Khan, the then President of the society for ap pointment of an observer was not acceeded to by the DIOS. Therefore, the case of the petitioners is that though on 28-6-1998, a meeting was convened to hold the elections, it was postponed immediately after recording the attendance of the members on the ground that the elections cannot be held in the absence of an ob server who was to be appointed by the DIOS. The stand taken by the petitioners is that all the members had left but the respondents, particularly Haji Jamaluddin Khan held an illegal meeting for holding elections. This aspect of the controversy whether the members who had come to attend the meeting had disbursed after recording their attendance in the proceed ing books, or it was actually a meeting for holding the election, requires scrutiny of controversial facts, which is not possible in the writ jurisdiction. The fact remains that copy of the proceeding book which has been filed as Annexure C. A. 5 to the counter-affidavit, indicates that a meeting of the general council of the Muslim Educational Society was held on 28-6-1998 which was a Sunday, at 9 a. m. in which petitioner - Azizur Rahman Khan was also present. The proceedings with regard to item No. 2 indicate that the general opinion of the majority was that the elections be held. Forty two members, out of fifty- nine who were present, were in favour of holding of the elections. Sri Azizur Rahman Khan, it appears, was not happy with the situation and withdrew himself from the election fray and after quiting the post of President, left the venue of the meeting. The meeting was held under the Presidentship of Haji Jamiluddin. The result of the election held in the said meeting was that Haji Jamilud din Khan was elected as President of the Society and by virtue of the bye-laws, of the societyand the scheme of administration, he became President of all the three col leges, mentioned above, Malik Abdul Wahid Khan was elected as Secretary of the society and in his capacity as such, he became manager of G. F. Post Graduate College. Shamim Ahmad Khan was elected as manager of Islamia Inter Col lege and Mohd. Yamin Khan who was elected Joint Secretary of the society, be came manager of A. Z. Khan Higher Secondary School. Relevant papers were sent to the DIOS who attested the signa tures of the above named persons on 13-7-1998. Necessary information to the con cerned Banks was also sent.;