Dilip Gupta, J. - (1.) THE Committee of Management, Sasni Vidhyapeeth Inter College, Sasni, Hathras (hereinafter referred to as the ''College") and its Manager have filed this petition for setting aside the order dated 10th December, 2008 passed by the Regional Level Committee by which the elections of the Committee of Management of the College held on 1st January, 2008 in which petitioner No.2, Prakash Chand Sharma was elected as the Manager have been discarded and recommendations have been made to the State Government for appointment of an Authorised Controller under Section 16-D of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the ''Act').
(2.) THE College is a recognized and aided College and is governed by the provisions of the Act. A Scheme of Administration was framed and was approved by the Deputy Director of Education, Agra Region, Agra on 22nd March, 1969. Under Clause 7 of the said Scheme of Administration, the term of the office bearers of the Committee of Management is three years with the stipulation that the term of every office bearer will continue till the election of his successor. It is said that the election of the Committee of Management in which Prakash Chand Sharma was elected as the Manager was held on 4th February, 1996. The District Inspector of Schools attested his signatures as the Manager on 4th February, 1997 but as a rival election was set up by one Hari Prasad Shastri, the matter was referred to the Deputy Director of Education who accorded approval to the election held on 4th February, 1996 in which Prakash Chand Sharma was elected as the Manager. This order was challenged by the rival Committee of Management in Writ Petition No. 269 of 1999 in which no interim order was granted. It is further stated that subsequently on 31st January, 1999, 6th January, 2002 and 2nd January, 2005 elections were held in which Prakash Chand Sharma was elected as the Manager. On 1st January, 2008 elections were again held in which Jagdish Prasad Sharma was elected as the President and Prakash Chand Sharma was elected as the Manager. A rival claim was set up by Gyan Kishore Sharma claiming elections on the same date, i.e., 1st January, 2008. The District Inspector of Schools forwarded the papers of the two elections to the Joint Director of Education who appointed Associate District Inspector of Schools as the Prabandh Sanchalak of the Institution on 12th February, 2008. However, on 29th February, 2008 Joint Director of Education placed the aforesaid order dated 12th February, 2008 in abeyance. Ultimately, on 27th June, 2008 the Regional Level Committee discarded the elections held by the petitioners as well as the rival Committee of Management and directed for appointment of Finance & Accounts Officer as the Prabandh Sanchalak for getting fresh elections held.
(3.) THIS order of the Regional Level Committee was challenged by the petitioner by filing Writ Petition No. 33124 of 2008 which was allowed by the judgment and order dated 7th August, 2008. The order dated 27th June, 2008 was set aside and the matter was remanded to the Regional Level Committee to pass a fresh order taking into consideration the observations made in the judgment after giving full opportunity to the petitioner as well as the respondents. The observations made by the Court are as follows:- "After hearing counsel for the parties and after perusal of the record, it is clear from the record that the elections held by the petitioners' Committee of Management in 2002 and 2005, papers were forwarded to District Inspector of Schools and they were forwarded to Regional Level Committee i.e. respondent No.2 but the Regional Level Committee has not passed any order either disapproving or approving the election. In spite of this fact, if the respondent No.2 was of the opinion that as elections held in 2002 and 2005, no approval was granted, in such circumstances, respondent no2 ought to have been given an opportunity to that effect to the petitioner for proving his case whether elections were held in accordance with the Scheme of Administration and papers were forwarded to the respondent No.2. Another fact which is to be considered by this Court is that Regional Level Committee should have called report from District Inspector of Schools regarding claim put up by the petitioners. It is clear from the record that rival claim has been disapproved by the respondent No.2. In such situation, I am of the opinion, that with regard to genuineness of the election of 2002, 2005 were to be seen by Regional Level Committee taking into consideration effective control of the petitioners' Committee of Management. Only the ground that as the elections of 2002 and 2005 as no orders were passed and the petitioners' Committee of Management on the basis of attestation of the signature by the District Inspector of Schools were managing the affairs and no orders, in spite of the papers forwarded to the respondent No.2 has been passed, who can be held responsible for the same." Pursuant to the aforesaid directions, the Regional Level Committee has taken the decision on 10th December, 2008 which is impugned in the present petition.;