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1989 DIGILAW 247 (ALL)

Committee of Management v. District Inspector of Schools

1989-03-02

R.P.SINGH, V.K.KHANNA

body1989
JUDGMENT V.K. Khanna, J. - The petitioners in this writ petition have challenged the orders of the District Inspector of Schools, Jaunpur dated 29-9-1988 and 21-10-1988 contained in Annexures 9 and 10 to the writ petition. Under these two orders the District Inspector of Schools has recognised the Committee of Management of which Shri Bhairav Prasad Tripathi claims himself to be the President and Shri Omkar Nath Shukla to be the Manager. According to the petitioners the District Inspector of Schools has himself held that the proceedings tor holding elections were invalid and thus he should not have recognised the elections held on 28-4-1988 under the impugned orders. 2. At the admission stage the contesting respondents have put in appearance and the parties have exchanged counter and rejoinder affidavits The present writ petition is thus being disposed of finally in accordance with the Rules of the Court. 3. The petitioners in the Present writ petition have alleged that they were elected to the Committee of Management of the College on 10-5-1985. If that be so, accordingly to the provisions of the Statutory Scheme of Administration applicable to the College their term would come to an end on 9-6-1988. According to the contesting respondents a validly elected Committee of Management has come into existence before the expiry of three years and one month and thus they are entitled to function as the Committee of Management of the College and have rightly been recognised by the District Inspector of Schools under the impugned orders. 4. It has not been disputed that under the amended Statutory Scheme of Administration it is the function of the Deputy Director of Education of the Region to see that in case no validly elected Committee of Management has come into existence after the expiry of three years and one month of the holding of the last election for the Committee of Management, then the Deputy Director of Education has to appoint a Prabandh Sanchalak and get the elections held under his supervision. In exercise of this specific power conferred on him under the Statutory Scheme of Administration, in our opinion, the Deputy Director of Education will have jurisdiction to decide the question as to whether in connection with the College a validly elected Committee of Management has come into existence or not. In exercise of this specific power conferred on him under the Statutory Scheme of Administration, in our opinion, the Deputy Director of Education will have jurisdiction to decide the question as to whether in connection with the College a validly elected Committee of Management has come into existence or not. The petitioners will, therefore, file a certified copy of this order before the Deputy Director of Education within a period of two weeks from today alongwith any objection which they want to raise in connection with the holding of the elections by the respondents on 28-4-1988. The contesting respondents who claim themselves to have been validly elected on 28-4-1988 may also file their claim along with any documentary evidence on which they rely for establishing that they have been validly elected on 28-4-1988 and are entitled to continue as the Committee of Management of the College. The Deputy Director of Education of the Region shall adjudicate upon this question after looking into the representations given by the petitioners and the contesting respondents and after perusing the relevant papers in this connection by a reasoned order as for as possible within two months. It is being made clear that as far as the Management of the College is concerned, it will continue as it is being continued at the present moment till the final decision given by the Deputy Director of Education. 5. Subject to the aforesaid observations, the present writ petition is finally disposed of. The stay order dated 31-10-1988 is vacated. 6. A certified copy of this order shall be given to the learned counsel for the parties within a week on payment of usual charges.