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1987 DIGILAW 1195 (ALL)

Shailendra Komar Sachan v. District Inspector of Schools, Hamirpur

1987-12-10

K.K.BIRLA, V.K.KHANNA

body1987
JUDGMENT V. K. Khanna, J. - Petitioner in this writ petition has challenged the order of the District Inspector of Schools contained in Annexure-1 to the writ petition dated 20th May, 1987 by which he had recognised the Managing Committee elected on 26-4-1987. 2. At the admission stage the contesting respondents have been served and the parties have exchanged affidavit. The writ petition is thus being disposed of finally in accordance with the rules of the court. 3. Petitioner before us in this writ petition has been appointed Prabandh Sanchalak by the Deputy Director of Education under Clause 8 of the Amended statutory of administration as according to him the last elections were held more than three years one month and thus under the new provisions the term of the old Managing Committee had automatically came to an end and for the purposes of holding fresh elections of the Managing Committee it was necessary to appoint a Prabandh Sanchalak. 4. It appears that regarding the Managing Committee a suit had also been filed and an injunction had been obtained in the aforesaid suit restraining the holding of the election by the old Managing Committee. The old Managing Committee had fixed a programme for holding the election which could not be completed before three years and one month from the date from which the old Managing Committee was constituted. On the admitted facts, therefore, it is clear that in view of clause 8 of the amended statutory scheme of administration there could not be any old managing committee on 26-4-1987 which can get a new Managing Committee elected in accordance with the statutory scheme of administration. On that date in accordance with the amended statutory scheme of administration it was only the Prabandh Sanchaiak appointed by the Deputy Director of Education who could get the elections held. The order passed by the District Inspector of Schools, Hamirpur, therefore, recognising the Managing Committee elected on 26-4-1987 by the old Managing Committee is liable to be quashed. 5. Before parting, however, it may be observed that even the petitioner who had been appointed Prabandh Sanchalak some times in March 1987 could not get the elections completed even though a period of nearly five months have elapsed. 5. Before parting, however, it may be observed that even the petitioner who had been appointed Prabandh Sanchalak some times in March 1987 could not get the elections completed even though a period of nearly five months have elapsed. Looking to the entire facts and circumstances of the case, we are of the opinion that the parties may file a certified copy of this order before the Deputy Director of Education within a period of 10 days from today. The Deputy Director of Education will appoint another Prabandh Sanchalak within a period of one week from the date of the filing of a certified copy of our order who shall get the election of the New Managing Committee completed within a period of three months from the date of his appointment. 6. Subject to the aforesaid observations, the present writ petition it allowed. However, looking to the facts and circumstances of the case the parties shall bear their own costs. A certified copy of this order may be given to the learned counsel for the parties on payment of usual charges within three days.