JUDGMENT : ARUN TANDON, J. 1. Heard Sri R.N. Singh on behalf of the Committee of Management, Sri R.C. Singh on behalf of respondent No. 5 and Standing Counsel on behalf of other respondents. 2. Adarsh Inter College, Handia Mittoopur, Azamgarh is an Institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with an approved scheme of administration. Petitioner Committee of Management through its alleged Manger Sri Jitendra Kumar Jaisawal has filed this writ petition against the order passed by the Regional Joint Director of Education dated 3rd January, 2004. By means of the said order, the Regional Joint Director of Education has held that the elections set up by the petitioner dated 17.11.2002 cannot be recognized and therefore he has appointed a Prabandh Sanchalak in the institution for getting fresh elections of the Committee of Management held. 3. On behalf petitioner it is contended that undisputed elections had taken place on 20.5.1999. The said selections were recognized by the District Inspector of Schools by means of the order dated 30th October, 1999 and the elected Committee of Management was put in control of the affairs of the institution with effect from the said date. It is contended that the term of the office bearers has been provided three years with a condition that they shall continue to hold office till their successors are elected. It is further contended that the fresh elections of the Committee of Management were held on 17.11.2002 and all relevant papers in that regard were transmitted to the District Inspector of Schools on 20.11.2002 for being placed before the Regional Level Committee, constituted under the Government Order dated 19th December, 2000. 4. While the elections papers so transmitted to the office of the District Inspector of Schools were still engaging attention of the competent authority. The Regional Joint Director of Education, Azamgarh Region, Azamgarh passed an order dated 23.3.2003, whereby he appointed a Prabandh Sanchalak in the institution on the ground that the elections have not been held by the Committee Of Management within the time. Feeling aggrieved by the aforesaid order of the Regional Joint Director of Education dated 23.3.2003, petitioner filed Writ Petition No. 21927 of 2003. The writ petition was disposed of by means of order dated 19.5.2003 which required! Feeling aggrieved by the aforesaid order of the Regional Joint Director of Education dated 23.3.2003, petitioner filed Writ Petition No. 21927 of 2003. The writ petition was disposed of by means of order dated 19.5.2003 which required! the Regional Joint Director of Education to reconsider the matter afresh after affording opportunity of hearing to the petitioner and other such claimants. The Regional Joint Director of Education in compliance of the order of this Court dated 19.5.2003, referred to above, has passed the impugned order dated 3.1.2004 (wrongly mentioned as 3.1.2003). Hence the present writ petition. 5. On behalf of the petitioner it is submitted that the said order is a non-speaking order as no reasons have been assigned nor any Clauses of the scheme of administration, which are said to have been violated, have been mentioned in the said order for the purposes of declaring the elections dated 17.11.2002 as illegal. According to petitioner the Regional Joint Director of Education has failed to take into consideration the provisions of the scheme of administration specifically clause providing for the term of the Committee of Management, while passing the impugned order. Lastly it is contended that in any view of the matter there is no provision under the scheme of administration for appointment of Prabandh Sanchalak, even if the elections are not held within time. Therefore the order passed by the Regional Joint Director of Education appointing Prabandh Sanchalak is, as such, wholly without jurisdiction. 6. On behalf of the respondent it is contended that the elections have not been held in accordance with the scheme of administration and further the said elections have been held after expiry of prescribed term of three years and therefore the Regional Joint Director of Education has rightly appointed a Prabandh Sanchalak for the purpose of getting fresh elections of the Committee of Management held. Such an order passed by the Regional Joint Director of Education does not call for any interference under Article 226 of the Constitution of India. 7. I have heard counsel for the parties and have gone through the records of the writ petition. 8. From the facts, which have been noticed herein above, it is apparently clear that last undisputed elections of the office bearers of the Committee of Management had taken place on 28.3.1999 in which Sri Jitendra Kumar Agrawal was elected as Manager. 7. I have heard counsel for the parties and have gone through the records of the writ petition. 8. From the facts, which have been noticed herein above, it is apparently clear that last undisputed elections of the office bearers of the Committee of Management had taken place on 28.3.1999 in which Sri Jitendra Kumar Agrawal was elected as Manager. The said office bearers were duly recognized by the District Inspector of Schools by means of his order dated 30.10.1999. 9. The petitioner submitted that the term of the office bearers is three years as provided under Clause 7 of the scheme of administration (copy whereof has been enclosed as Annexure 1 to the counter affidavit filed on behalf of the State Authorities). However, the office bearers are to continue till their successors are elected. There are only 25 valid members of the general body and in the elections held on 17.11.2002 all the aforesaid 25 members have participated in the elections and none of the valid members have raised any objection with regards to the elections held on 17.11.2002. It is further contended that any technical defect in holding of the such elections cannot be a ground for upsetting the election inasmuch as the result of the said election was not be affected by any such technicality. 10. On behalf of the respondent it is submitted that the term of the elected officer bearers as provided is three years from the date of election and recognition to the election by the District Inspector of Schools is of no consequence for the purposes of determination of term of the office bearers. It is further submitted that under Clause 8 of the scheme of administration, fresh elections are necessarily to be held within three months from the date the term of the earlier officer bearers has expired. In the facts of the case the elections have not so held and therefore the order of the Regional Joint Director of Education is legal and valid. 11. In the facts of the case the elections have not so held and therefore the order of the Regional Joint Director of Education is legal and valid. 11. It would be worthwhile to reproduce the Clause 8 of the scheme of administration, which read as follows : ^^insu lnL;ksa ds vfrfjDr inkf/kdkfj;ksa ,oa lnL;ksa dk dk;Zdky pqus tkus ds fnukad ls 3 lky dk gksxk fdUrq izfrcU/k ;g gS fd izR;sd inkf/kdkjh ,oa lnL; dk dk;Zdky mlds mRrjf/kdkjh ds pqus tkus rd le>k tk;sxk ysfdu fuokZpu vof/k dh lekfIr ls 3 ekg ds vUrxZr pquko gksuk vfuok;Z gS A** 12. A bare reading of the aforesaid clause would establish that the term of the elected office bearers has been provided a three years from the date of election. Recognition of the elections by the District Inspector of Schools is not the starting point for computation of said term of the elected office bearers and therefore the order of approval/recognition of elections passed by the District Inspector of Schools in that regard is of no consequence. Under the said clause it is provided that the office bearers shall continue to hold office till their successors are elected. However, a condition has been incorporated that fresh elections shall be held within three months from the date of expiry of the term of the Committee of Management. The clause does not contemplate appointment of Prabandh Sanchalak in any situation whatsoever. Further in view of the fact that out of 25 members of the general body all 25 members have participated in the elections, any technical defect in holding of the said elections cannot be a cause for recording a finding that the elections have not been validly held inasmuch as any such technical defect does not affect the result of the elections in any manner. 13. From the order passed by the Regional Joint Director of Education, it is apparently clear that he has not taken into consideration the aforesaid aspect of the matter and has proceeded to pass the order mechanically without referring to the provisions of scheme of administration specifically clause 8. 14. 13. From the order passed by the Regional Joint Director of Education, it is apparently clear that he has not taken into consideration the aforesaid aspect of the matter and has proceeded to pass the order mechanically without referring to the provisions of scheme of administration specifically clause 8. 14. This Court is of the opinion that in absence of a provision in the scheme of administration providing far appointment of Prabandh Sanchalak after expiry of the term of earlier Committee of Management, the Regional Joint Director of Education has no authority of law to appoint a Prabandh Sanchalak on the ground that the elections have not been held within the time specified. In case where elections are not held within the time specified in the scheme of administration, it is open to the authorities concerned to proceed in accordance with the provisions of Intermediate Education Act and Regulations framed there under and also in accordance with the scheme of administration of the Committee of Management. However, the Regional Joint Director of Education has no independent power to appoint Prabandh Sanchalak. 15. In view of the aforesaid, the order passed by the Regional Joint Director of Education dated 23.3.2003 cannot be legally sustained and is hereby quashed. The matter is remanded to the Regional Joint Director of Education to reconsider the legality otherwise of the elections dated 17.11.2002 in the light of the observations made herein above and to pass such order ass may be permissible under the law. It is made clear that Regional Joint Director of Education shall afford opportunity of hearing to the parties concerned and shall pass reasoned speaking order within six weeks from the date a certified copy of this order is filed before him. 16. Writ petition is, accordingly, allowed.