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Allahabad High Court · body

1988 DIGILAW 797 (ALL)

Rakesh Kumar Gupta v. State of U. P

1988-09-01

J.N.DUBEY, V.N.KHARE

body1988
JUDGMENT V.N. Khare, J. - There is an institution know as Srimati Sukhdevi Inter College Hasanpur, Moradabad (hereinafter referred to as the Institution). The institution is recognised by the Board of High School and Intermediate Education Uttar Pradesh and has a Scheme of Administration. In June 1981, the elections for constituting the Committee of Management were held. The term of the said Committee of Management expired on 8th June 1984. It is alleged that since then no election for constituting the Committee of Management has taken place. In April 1988, the previous Committee of Management, of which the term had already expired, took steps for holding election for constituting the Committee of Management of the Institution. At this stage the petitioners filed the present writ petition under Article 226 of the Constitution praying for issue of a mandamus directing the Deputy Director of Education, Moradabad, respondent No. 2 to appoint a Prabandh Sanchalak to manage the affairs of the institution and also further directing the Prabandh Sanchalak so appointed to hold election for constituting the Committee of Management. 2. Notice of this petition was accepted by the Standing Counsel, respondent No. 4 has put in appearance and also filed a counter - affidavit. A counter - affidavit on behalf of respondents Nos. 1 to 3 has also been filed. Learned counsel for the parties agree that this petition be decided at the admission stage. We therefore, prepare to decide this petition finally. 3. Sri A.P. Singh, counsel for the petitioners argued that the proposed election at he instance of respondent No. 4, is wholly without any authority of law as its term has already expired and only the Prabandh Sanchalak, appointed by the Regional Deputy Director of Education can hold the election for constituting the Committee of Management. 4. Sri A.K. Saran, on behalf of respondent No. 4 stated that there is no duly approved Scheme of Administration and therefore their is no power with the Regional Deputy Director of Education to appoint a Prabandh Sanchalak for holding elections for constituting the Committee of Management. 5. We have gone through the petition and find that there is a duly approved Scheme of Administration by the Regional Dupty Director of Education, Moradabad. Annexure 1' to the writ petition. 5. We have gone through the petition and find that there is a duly approved Scheme of Administration by the Regional Dupty Director of Education, Moradabad. Annexure 1' to the writ petition. Clauses of the Scheme of Administration provides that the term of the Committee of Management shall be three years and on the expiry of one month from the said date, the Committee of Management shall hold election and shall hand over charge to the newly elected Committee of Management and in case no such election takes place within time, the Regional Deputy Director of Education has power to appoint a Prabandh Sanchalak who shall manage of the affairs of the institution and shall further hold elections for constituting the Committee of Management. Admittedly, as the term or respondent No. 4 expired long back and no election for constituting a new Committee of Management has taken place as provided in the scheme of Administration, the Regional Deputy Director of Education has power to appoint a Prabandh Sanchalak for the Committee of Management, we are, therefore, of the opinion that the proposed steps taken by the respondent No. 5' is illegal and without any authority of law. 6. The petition is allowed. We direct the Regional Deputy Director of Education, III Region Moradabad, to appoint a Prabandh Sanchalak of the institution within two weeks from the date of service of a certified copy of this order upon him and further the Prabandh Sanchalak, so appointed, shall hold election for constituting the Committee of Management of the institution within three months from the date of taken over as Prabandh Sanchalak.