COMMITTEE OF MANAGEMENT JAWAHSR LAL KRISHAK INTER COLLEGE DEORIA Vs. DY DIRECTOR OF EDUCATION GORAKHPUR

JUDGEMENT

(1.) R. H. Zaidi, J. Validity of the order passed by the Regional Deputy Director of Education, VII Region, in exercise of his power under Section 16-A (7) of the U. P. Intermediate Education Act (hereinafter referred to as the Act), has been challenged by the petitioners in the present petitions, filed under Article 226 of the Constitution of India. The Regional Deputy Director of Education, by means of impugned order dated 13- 7-1995 held that both the elections set up by the rival Committees of Management were invalid and refused to approve any one of them. After recording the said findings he directed the authorised controller to continue and to hold the election of the office bearers and members of Committee of Management of the educational institution known as Pt. Jawahar bal Krishak Inter College, Mahuabari, Lar Road, District Deoria (hereinafter referred to as the College ).

(2.) THE brief fact of the case giving rise to the aforesaid petitions are that, Shri Ram Nagina Singh, who has been impleaded as respondent No. 3 in the first petition and petitioner No. 2 in the second petition, claimed that election of office bearers and members of Committee of Management of the College was held on 27-10-1991 by him, in which he was elected as the manager of the College. Signatures of Shri Ram Nagina Singh were also attested by the District Inspector of Schools, on the basis of said election. THE validity of the order of the District Inspector of Schools attesting the signatures of Shri Ram Nagina Singh was challenged by the petitioners in this Court in Civil Misc. Writ Petition No. 900 of 1992. THE said writ petition is still pending disposal. In the meanwhile, the term of the Committee of Management, as prescribed under the Scheme of Administration of the College, came to an end. Shri Ram Nagina Singh, therefore, again notified the programme of the election of office bearers and members of the Committee of Management. THE petitioners filed original suit No. 1758 of 1994 for permanent injunction restraining the defendants from holding the. election. THE Civil Court, vide its order dated 19- 11-1994 directed the defendants to permit the plaintiff, defendant second set, to participate in the said election, if they were the members of the general body of the College. THE District Inspector of Schools thereafter, directed for postponement of aforesaid election, which was scheduled to be held on 20-11- 1994. Respon dent No. 3, however, claimed that the election of office bearers and members of the Committee of Management was held by him on 26-11-1994 in accord ance with the provisions of Scheme of Administration. On the other hand, the petitioners have claimed that the election was held by them on 20-11-1994. Papers relating to aforesaid elections were submitted by the rival claimants before the District Inspector of Schools soliciting his approval of the said elections. THE District Inspector of Schools, in view of the fact that there was dispute between two rival Committees of Manage ment, referred the same to the Regional Deputy Director of Education, in accordance with the provisions of Section 16-A (7) of the Act on 29-12-1994. THE Deputy Director of Education on receipt of papers from the office of the District Inspector of Schools made interim arrangement for the Manage ment of the affairs of the College and appointed the authorised controller by his order dated 21-1-1995. Shri Ram Nagina Singh challenged the validity of the order dated 21-1-1995 in this Court by filing writ petition No. 5067 of 1995. This Court, however, was pleaded to dismiss the said writ petition and to direct the District Inspector of Schools to decide the dispute in accordance with law. Parties thereafter, appear to have filed their representations before the Deputy Director of Education. THE Deputy Director of Education after affording an opportunity of hearing both the parties was pleased to hold that the elections of Committee of Management set up by the parties were invalid. Having recorded the said finding he directed the authorised controller to continue and to hold the election of the office bearers and members of the Committee of Management with the help of 80 members of general body. THE operative portion of the order dated 13-7-1995 is quoted below :-

(3.) ON the other hand Sri T. P. Singh, learned counsel for Sri Ram Nagina Singh has vehemently urged that the Dy. Director of Education having upheld the validity of 80 members had no jurisdiction to refuse to uphold the claim of Sri Ram Nagina Singh merely on the ground that the election was held in the absence of official observer.