DILIP GUPTA,J. - (1.) DISPUTES relating to the constitution of the Committee of Management of Aley Ahmad Girls Inter College, Amroha (hereinafter referred to as the 'College'), which is recognised under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act') and is a minority Institution, have come up for consideration in all these petitions.
(2.) A new Scheme of Administration for the College was approved by the Deputy Director of Education on 27th July, 1995. The term of the Committee of Management under Clause 9 (Kha) of the said Scheme is three years but it also provides that if the election is not held within a period of three years and six months, then the Deputy Director of Education will appoint one office bearer of the outgoing Committee of Management as the Authorised Controller who shall conduct the election and handover charge to the elected Committee of Management. Clause 3(Ga) of the Scheme of Administration provides that there shall be three ex-officio members of the Committee of Management who shall be the Principal and two teachers of the College in accordance with the provisions of Section 16-A (1) of the Act. The District Inspector of Schools by his order dated 14th February, 1996 recognised the Committee of Management elected on 10th September, 1995 with Tajdar Hussain as the Manager. The Regional Deputy Director of Education, however, appointed an Authorised Controller on the ground that the said election was not held in accordance with the new Scheme of Administration but this order was set aside by this Court and a direction was issued to the District Inspector of Schools to pass a fresh order regarding the elections held on 10th September, 1995. The District Inspector of Schools then by order dated 3rd December, 1996 again approved the elections held on 10th September, 1995 with Tajdar Hussain as the Manager. This order has been challenged in Writ Petition No. 8163 of 1997 by Guljar Ahmad and 19 others. At the same time a review petition was also filed against the order dated 3rd December, 1996 passed by the District Inspector of Schools which review petition was dismissed by the District Inspector of Schools on 1st April, 1997. This order dated 1st April, 1997 was impugned in Writ Petition No. 23234 of 1997 which was dismissed as having become infructuous by the judgment and order dated 3rd March, 2006.
(3.) IN respect of the subsequent election of the Committee of Management of the College, the Joint Director of Education passed an order dated 6th November, 1999 for appointment of Guljar Ahmad as Authorised Controller to hold the elections of the Committee of Management. This order was passed on the basis of the reports submitted by the District Inspector of Schools on 10th April, 1999 and 15th April, 1999. The Authorised Controller finalised the list of members and this list was approved by the District Inspector of Schools by the order dated 27th November, 1999. The Authorised Controller thereafter held the election on 12th December, 1999.;