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2009 DIGILAW 3362 (ALL)

COMMITTEE OF MANAGEMENT, ALEY AHMAD GIRLS INTER COLLEGE, AMROHA J. P. NAGAR v. STATE OF U. P.

2009-10-28

DILIP GUPTA

body2009
JUDGMENT Hon’ble Dilip Gupta, J.—Disputes relating to the constitution of the Committee of Management of Aley Ahmad Girls Inter College, Amroha (hereinafter referred to as the ‘College’), which is recognised under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the ‘Act’) and is a minority Institution, have come up for consideration in all these petitions. 2. A new Scheme of Administration for the College was approved by the Deputy Director of Education on 27th July, 1995. The term of the Committee of Management under Clause 9 (Kha) of the said Scheme is three years but it also provides that if the election is not held within a period of three years and six months, then the Deputy Director of Education will appoint one office bearer of the outgoing Committee of Management as the Authorised Controller who shall conduct the election and handover charge to the elected Committee of Management. Clause 3(Ga) of the Scheme of Administration provides that there shall be three ex-officio members of the Committee of Management who shall be the Principal and two teachers of the College in accordance with the provisions of Section 16-A (1) of the Act. 3. The District Inspector of Schools by his order dated 14th February, 1996 recognised the Committee of Management elected on 10th September, 1995 with Tajdar Hussain as the Manager. The Regional Deputy Director of Education, however, appointed an Authorised Controller on the ground that the said election was not held in accordance with the new Scheme of Administration but this order was set aside by this Court and a direction was issued to the District Inspector of Schools to pass a fresh order regarding the elections held on 10th September, 1995. The District Inspector of Schools then by order dated 3rd December, 1996 again approved the elections held on 10th September, 1995 with Tajdar Hussain as the Manager. This order has been challenged in Writ Petition No. 8163 of 1997 by Guljar Ahmad and 19 others. At the same time a review petition was also filed against the order dated 3rd December, 1996 passed by the District Inspector of Schools which review petition was dismissed by the District Inspector of Schools on 1st April, 1997. This order has been challenged in Writ Petition No. 8163 of 1997 by Guljar Ahmad and 19 others. At the same time a review petition was also filed against the order dated 3rd December, 1996 passed by the District Inspector of Schools which review petition was dismissed by the District Inspector of Schools on 1st April, 1997. This order dated 1st April, 1997 was impugned in Writ Petition No. 23234 of 1997 which was dismissed as having become infructuous by the judgment and order dated 3rd March, 2006. 4. In respect of the subsequent election of the Committee of Management of the College, the Joint Director of Education passed an order dated 6th November, 1999 for appointment of Guljar Ahmad as Authorised Controller to hold the elections of the Committee of Management. This order was passed on the basis of the reports submitted by the District Inspector of Schools on 10th April, 1999 and 15th April, 1999. The Authorised Controller finalised the list of members and this list was approved by the District Inspector of Schools by the order dated 27th November, 1999. The Authorised Controller thereafter held the election on 12th December, 1999. 5. The Committee of Management with Rehan Ali Naqvi as the Manager was elected on 12th December, 1999. He was re-elected as Manager in the election held on 15th December, 2002. The said two elections were recognised by the educational authorities on 16th December, 1999 and 19th July, 2003 respectively. The subsequent election held on 4th November, 2005 with Rehan Ali Naqvi as the Manager was recognised by the Regional Level Committee on 28th November, 2005. This last election held on 4th November, 2005 was again recognised by the Regional Level Committee on 31st March, 2006 pursuant to directions issued by this Court on 19th January, 2006. 6. It is said that the Committee of Management elected on 15th December, 2002 and recognised on 19th July, 2003, in its meeting held on 26th June, 2005, resolved to amend Clauses 9 (Kha) and 3 (Ga) of the Scheme of Administration of the College. 6. It is said that the Committee of Management elected on 15th December, 2002 and recognised on 19th July, 2003, in its meeting held on 26th June, 2005, resolved to amend Clauses 9 (Kha) and 3 (Ga) of the Scheme of Administration of the College. Under the amended Clause 9 (Kha), the term of the Committee of Management was made five years and it was further provided that if within a period of five years and one month fresh elections were not held, then the President of the Board of Trustees shall call a meeting of the General Body which shall send the name of one member to the Joint Director of Education who shall appoint him as an Authorised Controller to hold the elections and handover charge to the newly elected Committee of Management. Clause 3(Ga) of the Scheme of Administration was also amended by providing that apart from the three ex-officio members, namely the Principal and two teachers, there shall be two other members of the Committee of Management namely Mutwallies/beneficiaries as the ex-officio office bearers. 7. The Joint Director of Education by his order dated 27th October, 2005 approved the aforesaid amendments in these clauses of the Scheme of Administration. Subsequently by the order dated 26th July, 2007, the Joint Director of Education recalled the said order dated 27th October, 2005 merely on the ground that Writ Petition No. 23234 of 1997 was dismissed by the Court on 3rd March, 2006. As a result of the order dated 26th July, 2007, the term of the Committee of Management stood reduced to three years and the District Inspector of Schools passed an order on 3rd August, 2007 for single operation of the account. The order recites that it was being passed to ensure compliance of the order passed in Writ Petition No. 23234 of 1997 and the order dated 26th July, 2007 passed by the Joint Director of Education. It is said that on the directions issued by the District Inspector of Schools on 16th October, 2008, fresh elections of the Committee of Management were held on 18th December, 2008 and the District Inspector of Schools by his order dated 15th January, 2009 granted recognition to the Committee of Management of the College with Ali Makin Naqvi as the Manager. 8. 8. It also needs to be mentioned that after the judgment was reserved in these petitions, Writ Petition No. 50343 of 2009 was filed by Committee of Management of the College with Ali Makin Naqvi as the Manager for quashing the order dated 10th September, 2009 passed by the District Inspector of Schools by which he recalled the aforesaid order dated 15th January, 2009. This order dated 10th September, 2009 recites that it had become necessary to recall the order dated 15th January, 2009 in view of the interim order dated 17th August, 2007 passed by the Court in Writ Petition No. 38075 of 2007 and the order restores the position as existing prior to 15th January, 2009. This order dated 10th September, 2009 has, however, been made subject to the final orders to be passed in the said Writ Petition No. 38075 of 2007. 9. The reliefs claimed in the petitions are as follows : (1) Writ Petition No. 11590 of 2009 has been filed by the Committee of Management with Rehan Ali Naqvi as the Manager for quashing the aforesaid order dated 15th January, 2009 passed by the District Inspector of Schools recognising the Committee of Management with Ali Makin Naqvi as the Manager. (2) Writ Petition No. 38075 of 2007 has been filed by the Committee of Management with Rehan Ali Naqvi as the Manager for setting aside the order dated 26th July, 2007 passed by the Joint Director of Education by which he recalled the earlier order dated 27th October, 2005 by which he had granted approval to the amendments made in Clauses 9 (Kha) and 3 (Ga) of the Scheme of Administration of the College. The order dated 3rd August, 2007 passed by the District Inspector of Schools for single operation of the account of the College has also been challenged in this writ petition. (3) Writ Petition No. 24655 of 2006 has been filed by Tajdar Hussain and four others for setting aside the orders dated 28th November, 2005 and 31st March, 2006 passed by the Regional Level Committee by which recognition was granted to the Committee of Management elected on 4th November, 2005 with Rehan Ali Naqvi as the Manager. (3) Writ Petition No. 24655 of 2006 has been filed by Tajdar Hussain and four others for setting aside the orders dated 28th November, 2005 and 31st March, 2006 passed by the Regional Level Committee by which recognition was granted to the Committee of Management elected on 4th November, 2005 with Rehan Ali Naqvi as the Manager. (4) Writ Petition No. 22105 of 2003 has been filed by the Committee of Management with Syed Azim Abbas as the Manager for setting aside the order dated 21st April, 2003 passed by the Joint Director of Education by which he recalled his earlier order dated 31st January, 2003 since the judgment and order dated 26th July, 2002 in Writ Petition No. 29734 of 2003 on the basis of which the said order dated 31st January, 2003 was passed had subsequently been recalled by this Court by its order dated 10th April, 2003. (5) Writ Petition No. 29734 of 2002 has been filed by the Committee of Management with Tajdar Hussain as the Manager for a direction upon the Joint Director of Education to decide the representation dated 3rd July, 2000 filed by Tajdar Hussain for setting aside the earlier orders dated 25th March, 2000 and 6th November, 1999 passed by the District Inspector of Schools and for setting aside the order dated 16th December, 1999 recognising the elections held on 12th December, 1999. This petition had earlier been disposed of by the Court on 26th July, 2002 with a direction to the Joint Director of Education to decide the representation but subsequently this order was recalled by the Court on 10th April, 2003. (6) Writ Petition No. 49179 of 1999 has been filed by the Committee of Management with Tajdar Husain as the Manager for setting aside the order dated 6th November, 1999 passed by the Joint Director of Education by which he appointed Guljar Ahmad Naqvi as Authorised Controller with a direction to him for holding the elections of the Committee of Management within three months. The petitioner subsequently moved an amendment application for quashing the order dated 25th March, 2000 by which the representation dated 11th November, 1999 filed against the order dated 6th November, 1999 was rejected. The petitioner subsequently moved an amendment application for quashing the order dated 25th March, 2000 by which the representation dated 11th November, 1999 filed against the order dated 6th November, 1999 was rejected. (7) Writ Petition No. 8163 of 1997 has been filed by Guljar Ahmad Naqvi and 18 others as members of the Board of Trustees for setting aside the order dated 3rd December, 1996 passed by the District Inspector of Schools recognising the Committee of Management elected on 10th September, 1995 with Tajdar Hussain as a Manager. 10. I have heard Sri W.H. Khan, learned Senior Counsel appearing for Rehan Ali Naqvi and learned Standing Counsel for the educational authorities. Sri B.D. Mandhyan, learned Senior Counsel has made submissions on behalf of Ali Makin Naqvi while Sri M.A. Qadeer, learned Senior Counsel has made submissions on behalf of Tajdar Hussain. 11. It is the contention of Sri W.H. Khan, learned Senior Counsel that the order dated 27th October, 2005 passed by the Joint Director of Education approving the amendments made in the Scheme of Administration could not have been recalled merely on the ground that Writ Petition No. 23234 of 1997 had been dismissed on 3rd March, 2006 since that petition had been dismissed as having become infructuous as the term of the Committee of Management elected in 1995 had come to an end way back in 1998. He further contends that the Committee of Management duly elected on 15th December, 2002 and recognised on 19th July, 2003 had made the amendments in the Scheme of Administration and so the Joint Director of Education was not justified in commenting upon the constitution of this Committee of Management merely because of dismissal of the said writ petition particularly when fresh elections had thereafter been held in 1999, 2002 and 2005 in which Rehan Ali Naqvi was elected and recognised as the Manager. It is also his submission that the Joint Director of Education completely overlooked these facts while observing that the participation of Rehan Ali Naqvi in the subsequent elections held in 1999 and 2002 had become illegal on account of the dismissal of the said Writ Petition No. 23234 of 1999 on 3rd March, 2006 and the amendments brought about by the Committee of Management elected in 2002, whose constitution became bad by such participation of Rehan Ali Naqvi, cannot be approved. It is also his submission that in any view of the matter, no opportunity had been granted to the duly elected and recognised Committee of Management before recalling the order and so the order was liable to be set aside as the principles of natural justice had been violated. 12. Sri M.A. Qadeer, learned Senior Counsel appearing for Tajdar Hussain, however, contends that since the constitution of the Committee of Management elected on 15th December, 2002 which had made the amendments in the Scheme of Administration itself became bad upon dismissal of Writ Petition No. 23234 of 1997, the order dated 26th July, 2007 passed by the Joint Director of Education recalling the order dated 27th October, 2005 granting approval to the amendments made in the Scheme of Administration does not suffer from any infirmity. According to him, dispute about membership of Rehan Ali Naqvi as member of the General Body of the Society was also in issue in Writ Petition No. 23234 of 1997 and as Rehan Ali Naqvi had not only participated in the election of the Committee of Management held on 15th December, 2002 but had also been elected as Manager, any decision taken by this Committee of Management cannot be said to be valid upon dismissal of the petition. He further submitted that the constitution of the Committee of Management elected on 15th December, 2002 and recognised on 19th July, 2003 became bad in law as the Committee had been granted recognition subject to the dismissal of Writ Petition No. 23234 of 1997 which was dismissed on 3rd March, 2006 and, therefore, the amendments made in the Scheme of Administration of the College by such a Committee cannot be approved. 13. Sri B.D. Mandhyan, learned Senior Counsel appearing for Ali Makin Naqvi who was elected as the Manager in the election held on 18th December, 2008 has supported the submissions made by Sri M.A. Qadeer. 14. It is not in dispute that the new Scheme of Administration for the College was approved on 27th July, 1995 and that prior to the amendments said to have been made in the Scheme of Administration of the College on 26th June, 2005, the term of the Committee of Management was three years. 15. 14. It is not in dispute that the new Scheme of Administration for the College was approved on 27th July, 1995 and that prior to the amendments said to have been made in the Scheme of Administration of the College on 26th June, 2005, the term of the Committee of Management was three years. 15. The election of Committee of Management of the College held on 10th September, 1995 with Tajdar Hussain as the Manager was approved by the District Inspector of Schools on 3rd December, 1996. 16. The subsequent election held on 12th December, 1999 with Rehan Ali Naqvi as the Manager was recognised by the District Inspector of Schools on 16th December, 1999. This order dated 16th December, 1999 of the District Inspector of Schools was challenged by Tajdar Hussain in Writ Petition No. 49179 of 1999 in which a direction was issued to the Joint Director of Education to decide the representation. The representation was decided by the Joint Director of Education by the order dated 25th March, 2000 against Tajdar Hussain and it was held that the order dated 6th November, 1999 passed by the Joint Director of Education for holding of the election by the Authorised Controller did not suffer from any infirmity. This order dated 25th March, 2000 has also been challenged by Tajdar Hussain by moving an amendment application in Writ Petition No. 49179 of 1999. 17. Subsequently, the Committee of Management elected on 15th December, 2002 with Rehan Ali Naqvi as Manager was recognised on 19th July, 2003. This Committee of Management had resolved to increase the term of the Committee of Management from 3 years to 5 years on 26th June, 2005 and such amendment was approved by the Joint Director of Education by the order dated 27th October, 2005. This amendment in the Scheme of Administration increasing the term of the Committee of Management would become applicable from the next election of the Committee of Management. 18. The next election of the Committee of Management was held on 4th November, 2005 in which Rehan Ali Naqvi was elected as the Manager. It was recognised by the Regional Level Committee on 29th November, 2005 and again on 31st March, 2006. 18. The next election of the Committee of Management was held on 4th November, 2005 in which Rehan Ali Naqvi was elected as the Manager. It was recognised by the Regional Level Committee on 29th November, 2005 and again on 31st March, 2006. As the amendment made in the Scheme of Administration for the College increasing the term of the Committee of Management of the College to 5 years will be applicable to this election, it is contended by Sri W.H. Khan, learned Senior Counsel appearing for Rehan Ali Naqvi that the term of the Committee of Management with Rehan Ali Naqvi as the Manager elected subsequently on 4th November, 2005 will be upto November, 2010. 19. The order dated 27th October, 2005 passed by the Joint Director of Education approving the amendments in the Scheme of Administration was subsequently recalled by him by order dated 26th July, 2007 on the ground that Writ Petition No. 23234 of 1997, in which the order dated 1st April, 1997 passed by the District Inspector of Schools on the review petition filed by 14 persons was challenged, was dismissed by this Court on 3rd March, 2006. The order mentions that because of the dismissal of the said writ petition, the 14 applicants including Rehan Ali Naqvi cannot be treated as members of the General Body and so the amendments made in the Scheme of Administration on 26th June, 2005 by the Committee of Management in which these 14 members had also participated in the election cannot be permitted to continue. The order further recites that these 14 persons had also participated in the subsequent election held on 4th November, 2005 which had been recognised by the Regional Level Committee on 28th November, 2005 subject to the decision in Writ Petition No. 23234 of 1997. 20. As seen above, Writ Petition No. 23234 of 1997 was filed by Guljar Ahmad and 19 others for setting aside the order dated 1st April, 1997 passed by the District Inspector of Schools on the review petition filed against the order dated 3rd December, 1996 passed by the District Inspector of Schools recognising the Committee of Management elected on 10th September, 1995 with Tajdar Hussain as Manager. What was, therefore, in issue in Writ Petition No. 23234 of 1997 was basically the election of the Committee of Management held on 10th September, 1995 in which the Committee of Management with Tajdar Hussain as the Manager was recognised. The term of this Committee of Management was three years which came to an end on 9th September, 1998 and it is for this reason that the said writ petition was dismissed by the Court on 3rd March, 2006 as having become infructuous. 21. Thus, in effect, the dismissal of Writ Petition No. 23234 of 1997 in 2006 as having become infructuous was made a ground to recall the order granting approval to the amendments made by the Committee of Management elected in 2002. What needs to be noticed is that not only had the term of this Committee of Management elected in 1995 come to an end after three years but subsequent elections were also held on 12th December, 1999, 15th December, 2002 and 4th November, 2005 in which Rehan Ali Naqvi was elected as the Manager and these elections had been recognised by the competent educational authorities. To hold at such a late stage in 2007, that all the subsequent elections have been rendered bad in law on account of participation by some members whose dispute about membership in the General Body may also have been an issue in the order passed by the District Inspector of Schools on 1st April, 1997 on the review petition, would be stretching the matter beyond all reasonable limits. During this intervening period three elected and recognised Committee of Managements had functioned and they must have taken innumerable decisions on various issues. The Joint Director of Education has just picked up one issue about the decision taken by the Committee of Management elected on 15th December, 2002 regarding the amendments made by it in the Scheme of Administration which was duly approved earlier by the Joint Director of Education on 27th October, 2005. 22. It also needs to be noticed that Writ Petition No. 23234 of 1997 was not decided on merits but had simply been dismissed as having become infructuous on 3rd March, 2006 as the term of the Committee of Management elected on 10th September, 1995 had come to an end on 9th September, 1998. 22. It also needs to be noticed that Writ Petition No. 23234 of 1997 was not decided on merits but had simply been dismissed as having become infructuous on 3rd March, 2006 as the term of the Committee of Management elected on 10th September, 1995 had come to an end on 9th September, 1998. This order could not have been made the basis for recalling any of the decisions taken by the subsequent elected duly recognised Committee of Management or bringing their continuation under any cloud in view of the Division Bench decisions of this Court in Committee of Management of Sri Ram Pura Madhyamic Vidyalaya, Taliya Kalan, District Deoria and another v. Deputy Director of Education, VIIth Region, Gorakhpur and others, 1982 UPLBEC 43 and Committee of Management, Mubarakpur Inter College, Mubarakpur, Azamgarh and another v. Regional Deputy Director of Education (Secondary) Azamgarh Region and others, 2006 (62) ALR 401 : 2005 ADJ 23 (NOC). 23. Much stress has been placed by Mr. M.A. Qadeer, learned counsel that the election held on 15th December, 2002 had been recognised subject to the decision in Writ Petition No. 23234 of 1997 and so the constitution of the said Committee became bad in law upon dismissal of this petition. 24. This contention cannot be accepted. In the first instance, as seen above, Writ Petition No. 23234 of 1997 had not been dismissed on merits but had been dismissed as having become infructuous. Secondly, the term of the Committee of Management elected on 15th December, 2002 had also come to an end before the dismissal of the writ petition on 3rd March, 2006 and fresh election had been held on 4th November, 2005 which had also been granted approval by the Regional Level Committee. It would have been a different matter if the decision of this Court in Writ Petition No. 23234 of 1997 had been rendered prior to the expiry of the term of the Committee of Management elected in 1995 but such is not the case. Not only had the term of the Committee of Management elected in 1995 come to an end but even the term of the Committee of Management elected subsequently in 1999 and 2002 had come to an end prior to 3rd March, 2006. 25. Not only had the term of the Committee of Management elected in 1995 come to an end but even the term of the Committee of Management elected subsequently in 1999 and 2002 had come to an end prior to 3rd March, 2006. 25. It is for this reason that this Court on 17th August, 2007 while entertaining Writ Petition No. 38075 of 2007 passed the following order : “Sri M.A. Qadeer has accepted notice on behalf of respondent No. 3. Issue notice to respondent No. 4. Learned Standing Counsel appears for respondent Nos.1, 2 and 5. Connect with writ petition Nos. 8163 of 1997; 23234 of 1997; 51165 of 2002; 29734 of 2002; 22105 of 2003 and 27524 of 2004. All the respondents are granted three weeks time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit. List on 18th September, 2007. It is contended that the order dated 3.8.2007, by which single operation of accounts has been directed and petitioner has been restrained from taking any financial and policy decision, has been passed without hearing the petitioner. The order is passed only on dismissal of Writ Petition No. 23234 of 1997 on the ground that it has become infructuous. The dismissal of this writ petition had nothing to do and could not have taken away the effect of the judgment dated 19.1.2006 in writ petition No. 3173 of 2006 and the consequential orders of the Regional Level Committee dated 31.3.2006, approving the elections and the order of the Regional Level Committee dated 28.11.2005 and the Committee of Management of which Shri Rehan Ali Naqvi is the Manager. Until further orders the effect and operation of order dated 3.8.2007, directing single operation of accounts shall remain stayed. The Regional Director of Education, 12th Region, Moradabad is restrained from making any further enquiry; to rehear and reopen the matter which was closed by order dated 31.3.2006 and which is under challenge in the connected writ petition No. 24699 of 2006.” 26. The Regional Director of Education, 12th Region, Moradabad is restrained from making any further enquiry; to rehear and reopen the matter which was closed by order dated 31.3.2006 and which is under challenge in the connected writ petition No. 24699 of 2006.” 26. Thus, the reason assigned by the Joint Director of Education in his order dated 26th July, 2007 for recalling the order dated 27th October, 2005 on the ground that the constitution of the Committee of Management elected on 15th December, 2002 which had made amendments in the Scheme of Administration, became bad in law upon dismissal of Writ Petition No. 23234 of 1997 cannot be sustained. 27. Thus, the submissions advanced by Sri W.H. Khan, learned Senior Counsel appearing for Rehan Ali Naqvi deserve to be accepted and the order dated 26th July, 2007 passed by the Joint Director of Education deserves to be set aside. 28. Upon setting aside of the order dated 26th July, 2007, the term of the Committee of Management continues to be five years and, therefore, the order dated 3rd August, 2007 passed by the District Inspector of Schools for single operation of the account of the College for the reason that the term of the Committee of Management under the unamended Scheme of Administration being three years had since expired, also deserves to be set aside. Consequently, Writ Petition No. 38075 of 2007 will have to be allowed. 29. The discussion made above, would also result in allowing Writ Petition No.11590 of 2009, as what has been impugned in the said petition is the order dated 15th January, 2009 by which the District Inspector of Schools has recognised the Committee of Management with Ali Makin Naqvi as the Manager treating the term of the Committee of Management to be three years under the unamended Scheme of Administration. It also needs to be pointed out that the said order dated 15th January, 2009 has since been recalled by the District Inspector of Schools on 10th September, 2009 subject to the decision in Writ Petition No. 38075 of 2007. It would, therefore, not be necessary to set aside the order dated 15th January, 2009 as it has been recalled by the District Inspector of Schools subject to the decision of Writ Petition No. 38075 of 2007. It would, therefore, not be necessary to set aside the order dated 15th January, 2009 as it has been recalled by the District Inspector of Schools subject to the decision of Writ Petition No. 38075 of 2007. However, by way of abundant caution, the order dated 15th January, 2009 passed by the District Inspector of Schools is set aside and Writ Petition No. 11590 of 2009 has to be allowed. 30. Writ Petition No. 24655 of 2006 seeks the quashing of the orders dated 28th November, 2005 and 31st March, 2006 passed by the Regional Level Committee granting recognition to the Committee of Management elected on 4th November, 2005 with Rehan Ali Naqvi as the Manager. It needs to be mentioned that the term of the Committee of Management is five years and about four years have already lapsed. It is the contention of Sri M.A. Qadeer, learned Senior Counsel appearing for Tajdar Hussain that Rehan Ali Naqvi who was elected as the Manager of the Committee of Management was not even a member of the General Body in view of the order dated 1st April, 1997 which order has become final upon dismissal of Writ Petition No. 23234 of 1997 on 3rd March, 2006. It has been held that the dismissal of Writ Petition No. 23234 of 1997 in which validity of the election held on 10th September, 1995 was in issue does not and cannot affect the validity of the subsequent elections held in 1999, 2002 or 2005. The submission advanced by Sri M.A. Qadeer, therefore, cannot be accepted. Writ Petition No. 24655 of 2006, therefore, deserves to be dismissed. 31. Writ Petition No. 22105 of 2003 primarily deals with the election of the Committee of Management held on 21st June, 1998 in which Tajdar Hussain claims to have been elected as the Manager. This was not approved and the Joint Director of Education passed an order on 6th November, 1999 for appointment of Gulzar Ahmad as Authorised Controller to hold the elections of the Committee of Management which were thereafter held on 12th December, 1999 and recognition was granted to the Committee of Management with Rehan Ali Naqvi as the Manager on 16th December, 1999. Thus, as the term of the Committee of Management came to an end long back, this petition deserves to be dismissed as infructuous. 32. Thus, as the term of the Committee of Management came to an end long back, this petition deserves to be dismissed as infructuous. 32. It is against the order dated 16th December, 1999 that Tajdar Hussain filed a representation before the Joint Director of Education and subsequently the Committee of Management with Tajdar Hussain as Manager filed Writ Petition No. 29734 of 2002 which was disposed of earlier on 26th July, 2002 with a direction to the Joint Director of Education to decide the representation but subsequently, on correct facts having been brought to the notice of the Court, the said order dated 26th July, 2002 was recalled on 10th April, 2003. This writ petition has also been rendered infructuous as the term of the Committee of Management came to an end in 2002. The said writ petition, therefore, also deserves to be dismissed. 33. Writ Petition No. 29734 of 2002 which relates to the elections held in 1998/1999 has been rendered infructuous since the term of the Committee of Management which is three years has already expired. It, accordingly, deserves to be dismissed. 34. Writ Petition No. 49179 of 1999 has also been rendered infructuous as it relates to the elections of the Committee of Management held in 1999, the term of which has already expired in 2002 and fresh elections had been held which had been recognised. It also, therefore, deserves to be dismissed. 35. Writ Petition No. 8163 of 1997 has also been rendered infructuous as it relates to the elections of the Committee of Management held on 10th September, 1995, the term of which came to an end in 1998. It, therefore, deserves to be dismissed. 36. Thus, for the reasons stated above, the writ petitions are decided in the following manner : (1) Writ Petition No. 11590 of 2009 is allowed and the order dated 15th January, 2009 passed by the District Inspector of Schools is set aside. (2) Writ Petition No. 38075 of 2007 is allowed and the order dated 26th July, 2007 passed by the Joint Director of Education as well as the order dated 3rd August, 2007 passed by the District Inspector of Schools are set aside. (3) Writ Petition No. 24655 of 2006 is dismissed. (4) Writ Petition No. 22105 of 2003 is dismissed as having become infructuous. (5) Writ Petition No. 29734 of 2002 is dismissed as having become infructuous. (3) Writ Petition No. 24655 of 2006 is dismissed. (4) Writ Petition No. 22105 of 2003 is dismissed as having become infructuous. (5) Writ Petition No. 29734 of 2002 is dismissed as having become infructuous. (6) Writ Petition No. 49179 of 1999 is dismissed as having become infructuous. (7) Writ Petition No. 8163 of 1997 is dismissed as having become infructuous. ————