DILIP GUPTA,J. - (1.) THE petitioners have sought the quashing of the order dated 11th June, 2009 passed by the Joint Director of Education, Agra Region, Agra by which neither the elections held by the petitioner-Committee of Management nor the elections held by the rival Committee of Management of which Nakul Kumar Saxena claims to be the Manager have been recognised and the order dated 23rd January, 2009 passed by the District Inspector of Schools recognizing the petitioner-Committee of Management has been set aside. The Joint Director of Education has further directed the District Inspector of Schools to hold the elections of the Committee of Management from the list of valid members within a period of three months and till such as the elections are not held the Committee of Management recognised on 30th September, 2005 shall manage the Institution. The petitioners have also sought the quashing of the order dated 12th June, 2009 by which the signatures of the Manager of this Committee have been attested.
(2.) THE last undisputed election of the Committee of Management of the National Inter College, Bhogaon, Mainpuri (hereinafter referred to as the 'College') was held on 30th March, 2005 and it was approved by the Joint Director of Education by the letter dated 30th September, 2005. According to the petitioners, the tenure of the Committee of Management is three years and fresh elections of the Committee of Management were held on 23rd March, 2008 and the proceedings were sent to the office of the District Inspector of Schools by the letter dated 29th March, 2008. Certain queries were sought by the District Inspector of Schools and in view of the subsequent Circular dated 20th October, 2008, under which the District Inspector of Schools is vested with the powers of recognizing the Committee of Management under certain conditions, the District Inspector of Schools recognized the Committee of Management by the order dated 23rd January, 2009 and also attested the signatures of Dr. Swaroop Kishofe Jain as the Manager. It is said that respondent No. 4 Nakul Kumar Saxena also forwarded the papers of the rival elections held on 30th March, 2008 to the District Inspector of Schools and also filed Writ Petition No. 23398 of 2009 before this Court for quashing the order dated 23rd January, 2009 passed by the District Inspector of Schools as well as for a direction upon the respondents not to interfere with the functioning of the Committee of Management. This petition was dismissed by this Court on the ground that the petitioners had already represented before the Joint Director of Education who had issued notices to the parties fixing 30th April, 2009. The Court, however, left it open to the petitioner to file a Stay Application before the Joint Director of Education, if he was so advised.
(3.) THE Joint Director of Education ultimately decided the matter by the order dated 11th June, 2009. None of the two elections were recognized and a direction was given to the District Inspector of Schools for holding fresh elections and the order dated 23rd January, 2009 passed by the District Inspector of Schools was set aside. It was further ordered that till fresh elections are held, the Committee of Management which was recognized by the order dated 30th September, 2005 shall continue to manage the College.;