Dilip Gupta, J. - (1.) THE Committee of Management of Janta Inter College, Bhopa, District Muzaffarnagar (hereinafter referred to as the ''College") and its Manager have filed this petition for quashing the orders dated 16th June, 2009 and 19th June, 2009 issued by the District Inspector of Schools, Muzaffarnagar.
(2.) THE dispute in the present petition centers around Clauses 4 and 5 of the Scheme of Administration of the College. Clause 4 of the Scheme of Administration deals with the General Body. Sub-clause (1) provides that Sri 1008 Swami Kalyana Dev Ji Maharaj (hereinafter referred to as ''Swami Ji") shall be the founder and patron of the Society while sub-clause (5) of Clause 4 provides that Swami Ji or a person authorised by him shall have the power to nominate five members to the General Body. Clause 5 of the Scheme of Administration deals with the constitution of the Committee of Management and sub-clause (4) of Clause 5 provides that Swami Ji or a person duly authorised by him shall have the power to nominate three persons to the Committee of Management. Swami Ji died on 14th July, 2004 after attaining the age of 128 years. When the elections of the Committee of Management of the College were held in the year 2006, dispute arose as to whether Swami Ji had authorised any other person to nominate these members. It is the contention of the petitioners that Swami Ji had not authorised any other person whereas according to respondent no.4, Swami Oma Nand Ji Maharaj, Swami Ji had executed a registered will on 24th November, 2003 and on the basis of the said will, he got the authority to nominate three persons to the Committee of Management and five members to the General Body. It is stated that on 21st December, 2006, the District Inspector of Schools directed the Committee of Management of the School to invite the three members nominated by respondent no.4 to participate in the meeting of the Committee of Management but this order was challenged by the petitioners in Writ Petition No.4259 of 2007 which was ultimately allowed by this Court by the judgment and order dated 28th April, 2008 and a direction was issued to the District Inspector of Schools to take a fresh decision after considering the Scheme of Administration and the validity of the nomination of persons nominated by respondent no.4.
(3.) SUBSEQUENT to the aforesaid directions issued by this Court, the District Inspector of Schools passed an order on 16th June, 2009 holding that under Clauses 4(5) and 5(4) of the Scheme of Administration, Swami Ji had authorised respondent no.4 Swami Oma Nand Ji Maharaj to nominate five member to the General Body and three persons to the Committee of Management. The District Inspector of Schools by the order dated 19th June, 2009 has also granted permission to the Committee of Management to hold the elections. These two orders dated 16th June, 2009 and 19th June, 2009 have been impugned in the present petition.;