- (1.) THIS appeal, arises out of a dispute in respect of elections of the Committee of Management of Sri Mad Bramhanand Inter College, Aligarh. An order dated 14/18 May, 2009 of the District Inspector of Schools was brought under challenge, in writ petition No.29955 of 2009, whereby the District Inspector of Schools, after putting respondent nos. 1 and 2 - writ petitioners to notice, held that the alleged committee represented by the respondent no.1 had become defunct. The order imposes single operation of accounts for payments in the institution under Section 5(1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees Act 1971 ( U.P. Act No. 24 of 1971) and a recommendation has been made by the District Inspector of Schools to the competent authority to appoint an authorised controller. The order further recites that it shall be subject to the outcome of the two writ petitions namely W.P. No. 65210 of 2006 and W.P. No. 28348 of 2008 pending consideration before this Court.
(2.) THE facts giving rise to the present controversy in short are that the institution is an Intermediate College which has a Scheme of Administration duly approved under the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder and is run by a society namely Sri Maithil Brahman Sanskrit Pathshala Society, Aligarh, which is a society registered under the Societies Registration Act, 1860. The dispute about elections had arisen earlier and the same travelled up to this Court wherein orders were passed directing the Regional Level Committee headed by the Joint Director of Education, Agra to decide the same, including the dispute pertaining to the electoral college entitled to elect the Committee of Management of the Institution. This had become necessary as two rival sets of elections had been set up, one by the appellants who claimed that a valid election had been held on 3.9.2004 and the other set of election set up by the respondent nos. 1 and 2 claiming that they had held valid elections on 19th of September, 2004. The Regional Level Committee as per directions of this Court proceeded to examine the rival contentions and thereafter ultimately vide order dated 26.10.2006 held both the elections, that of the appellants and of the contesting respondents, as invalid and accordingly appointed the Associate District Inspector of Schools, Aligarh as the Prabandh Sanchalak of the institution with a direction to hold elections within six months, from amongst the members whose list had been finalised under the said order, and including such members who by the end of September, 2004 were the validly enrolled members of the electoral college, after getting the same published. A further direction was issued that elections should be held according to the amended Scheme of Administration after getting approval from the competent authority.
(3.) THIS decision dated 26th October, 2006 was challenged in writ petition No. 65210 of 2006 by the respondent writ petitioner Bhoj Dutt Misra in which the operation of the said order was stayed and status quo with regard to the management of the college was directed to be maintained. It is claimed that by virtue of the said interim order which was extended from time to time and was last extended up to 13th March,2008, the respondent petitioners continued to function. The said writ petition is admittedly still pending and has not been disposed of as yet.;