DILIP GUPTA, J. ( 1 ) THE Committee of Management of Imamul Madaris inter College, Amroha through its Manager Alamdar Husain has filed this petition for quashing the order dated 19th July, 2005 passed by the Joint Director of education, the order dated 23rd July, 2004 passed by the District Inspector of schools and the resolutions of the Committee of Management taken in the meetings held on 19th July, 2002 and 18th July, 2004. ( 2 ) IMAMUL Madaris Inter College, Amroha, District J. P. Nagar is an Intermediate college recognized under the provisions of the U. P. Intermediate Education Act, 1921. It is minority Institution which is run by the Imamul Madaris Society, Amroha (hereinafter referred to as the society ). It has its own Scheme of Administration. ( 3 ) IN the last undisputed elections of the Committee of Management of the institution held on 19th May, 1996, Shahenshan Ali was elected as the President and Haider Raza was elected as the Manager. There is a dispute amongst the parties as to whether the term of the Committee of Management was increased from three years to five years. It is the case of the respondent-Committee of management that the General Body of the Institution on 18th April, 1999 resolved to extend the term of the Committee of Management from 3 years to 5 years and the said resolution was approved by the Joint Director of Education by the order dated 15th May, 1999 but by the order dated 22nd October, 1999, the Joint Director of Education recalled the said order dated 15th May, 1999. Subsequently, the district Inspector of Schools by the order dated 26th October, 1999 granted approval to the elections of the Committee of Management of the Institution in which Alamdar Husain was elected as the Manager. These orders dated 22nd October, 1999 and 26th October, 1999 were challenged by the Committee of Management of the Institution through Haider Raza as the Manager in Writ Petition No. 51584 of 1999. ( 4 ) ELECTIONS of the Committee of Management of the Institution were then held on 18th June, 2001 in which Shahenshah Ali was elected as the President and Haider Raza was elected as the Manager. The said elections were approved by the Joint Director of Education on 8th October, 2002. ( 4 ) ELECTIONS of the Committee of Management of the Institution were then held on 18th June, 2001 in which Shahenshah Ali was elected as the President and Haider Raza was elected as the Manager. The said elections were approved by the Joint Director of Education on 8th October, 2002. Writ Petition No. 45855 of 2002 was filed by the Committee of Management with Alamdar Husain as manager to challenge the said elections. ( 5 ) HAIDER Raza, however, died on 17th July, 2002 and the Committee of management on 19th July, 2002, in order to fill the casual vacancy, resolved to appoint Raza Kamal as the Manager for the remaining tenure. ( 6 ) THE aforesaid two writ petitions with two other writ petitions namely Writ petition No. 29720 of 1997 and Writ Petition No. 31014 of 1997 were decided by a common judgment and order dated 14th July, 2004. ( 7 ) WRIT Petition No. 29720 of 1997 and Writ Petition No. 31014 of 1997 were dismissed as having become infructuous. ( 8 ) WRIT Petition No. 51584 of 1999 was allowed and the orders dated 22nd october, 1999 and 26th October, 1999 were set aside. The relevant observations are as follows: ". . . . . . . . . . . . . As per provisions contained in the Scheme of Administration, earlier Committee would continue till its successor were elected. The committee of Management which was in power was headed by Haider Raza and even if the amendments were disapproved, the same never authorised the Respondents to recognise Alamdar Hussain by any means. There is full fledged procedure provided in the Scheme of Administration as to in what manner elections are to be held. It is outgoing Committee of Management, which is entitled to convene the meeting and hold election. Here, in the present case it is still mystery as to in what way and manner elections of Alamdar hussain was held. The order passed by the District Inspector of Schools approving the election of Alamdar Hussain is totally misutilisation of the power. . . . . . . . . . . . . . . Here, in the present case it is still mystery as to in what way and manner elections of Alamdar hussain was held. The order passed by the District Inspector of Schools approving the election of Alamdar Hussain is totally misutilisation of the power. . . . . . . . . . . . . . . " ( 9 ) WRIT Petition No. 45855 of 2002 was also allowed in part and the order dated 8th October, 2002 in so far as it accepted the elections held on 18th June, 2001 was set aside. However, as the term of the Committee of Management of the Institution had come to an end, the Court by the judgment and order dated 14th July, 2004 issued the following directions : "now the question as to what directions should be given in the facts and circumstances of the case. Term of the Committee of Management has already come to an end and fresh elections are to be held. No directives can be issued for appointment of Authorised Controller for the purpose of holding fresh election as institution in question is Minority Institution. Further duly recognised committee is entitled to function, till its successors are elected. In this view of the matter, the Committee of Management, which was in control of the affairs of the institution prior to passing of the order dated 22. 10. 1999 shall proceed ahead to hold the election as per provisions contained in the scheme of Administration under the supervision of the District Inspector of schools, and conclude the election proceedings within three months from the date of receipt of a certified copy of this judgment, and thereafter entire papers be transmitted to the Regional Committee constituted under the government Order dated 19. 12. 2000. In case any one has any grievance in respect to the aforementioned election, then liberty is given to him to make objection before the District Inspector of Schools, who will also transmit the same to the Regional Committee and the Regional Committee will proceed to take appropriate decision in the matter and in case it is found that the elections have been validly held then recognition would be accorded to it. " (emphasis supplied) ( 10 ) IT is said that pursuant to the directions issued by this Court on 14th July, 2004, the Committee of Management met on 18th July, 2004 and resolved that since Raza Kamal had been elected as the Manager by the Committee of management in its resolution dated 19th July, 2002 and the Committee of management with Raza Kamal as the Manager was in control of the affairs of the institution on 22nd October, 1999, the District Inspector of Schools should be asked to attest his signatures. It is on the basis of the aforesaid resolution of the committee of Management that the District Inspector of Schools attested the signatures of Raza Kamal as the Manager by the order dated 23rd July, 2004. The judgment and order dated 14th July, 2004 was assailed in Special Appeal No. 984 of 2004 in which an order of status quo was passed. The Joint Director of education by his communication dated 19th July, 2005 informed the District inspector of Schools that it is the Committee of Management with Raza Kamal which should function. ( 11 ) IT is these orders dated 19th July, 2005 of the Joint Director of Education, the resolutions dated 19th July, 2002 and 18th July, 2004 of the Committee of management and the order dated 23rd July, 2004 passed by the District Inspector of Schools that have been impugned in the present petition by the Committee of management of the Institution with Alamdar Husain as the Manager. ( 12 ) I have heard Sri W. H. Khan, learned Senior Counsel for the petitioner and sri P. S. Baghel, learned Senior Counsel for the respondent-Committee of management. Learned Standing Counsel has appeared on behalf of respondent nos. 1 to 3. ( 13 ) SRI W. H Khan, learned Senior Counsel submitted that the resolution of the Committee of Management of the Institution taken on 19th July, 2002 for appointment of Raza Kamal as the Manager for the remaining tenure to fill the casual vacancy arising on the death of the Manager Haider Raza is contrary to clause 8 of the Scheme of Administration of the Institution. According to him, the term of the Committee of Management elected on 19th May, 1996 with Haider raza as the Manager had come to an end on 18th May, 1999 and, therefore, it cannot be said that any casual vacancy could arise on the death of Haider Raza on 17th July, 2002. He, therefore, submitted that there was no occasion for the committee of Management of the Institution to fill the vacancy under Clause 8 of the Scheme of Administration and so the resolutions of the Committee of management taken on 19th July, 2002 and 18th July, 2004 and the order of the district Inspector of Schools dated 23rd July, 2004 deserve to be set aside. ( 14 ) SRI RS. Baghel, learned Senior Counsel appearing for the respondent-Committee of Management, however, submitted that on 18th April, 1999 the term of the Committee of Management was extended from three years to five years and the Joint Director of Education approved the said resolution by the order dated 15th May, 1999 and after the expiry of five years from the date the last elections were held in 1996, fresh elections were held on 18th June, 2001 in which Shaneshah Ali and Haider Raza were again elected as the President and manager respectively though this election was set aside by the Court. It is also his submission that in any case, Haider Raza who had been elected as the manager in the elections held on 19th May, 1996 continued as the Manager till his successor was chosen in terms of the Clause 7 of the Scheme of Administration of the Institution and on his death, the Committee of Management was justified in filling the casual vacancy under Clause 8 of the Scheme of Administration. He further submitted that the Committee of Management with Raza Kamal has been in effective control of the Institution since Raza Kamal was elected as the Manager on 19th July, 2002 and prior to this date the Committee of Management with haider Raza as the Manager of the Institution was in effective control of the institution. ( 15 ) IN order to appreciate the submissions advanced by learned counsel for the parties, it would be appropriate to refer to Clauses 7 and 8 of the Scheme of administration of the Institution which are as follows: "7. ( 15 ) IN order to appreciate the submissions advanced by learned counsel for the parties, it would be appropriate to refer to Clauses 7 and 8 of the Scheme of administration of the Institution which are as follows: "7. TERM OF MEMBER the term of office bearers and members other than ex-officio members shall be three years from the date they are chosen provided that the term of every office bearer shall be deemed to have continued till his successor is chosen. 8. CASUAL VACANCY any casual vacancy among the members (other than ex-officio members)or among the office bearers of the committee shall be filled by the committee for the unexpired period of the term and any person so appointed shall be member of the committee or office bearer, as the case may be for the residue of the term for which person whose place he fills would have been a member or office bearer. " ( 16 ) THE contention of Sri W. H. Khan, learned Senior Counsel for the petitioner is that Clause 8 of the Scheme of Administration would apply only if the casual vacancy occurs within the three years period prescribed under Clause 7 of the scheme of Administration and since in the present case the casual vacancy had arisen on 17th July, 2002 much after the expiry of the period of three years from 19th May, 1996, Raza Kamal could not have been elected as the Manager on 19th May, 2002 to fill the vacancy and if that be so the resolution dated 18th July, 2004 of the Committee of Management for attesting the signatures of Raza Kamal as the Manager and the consequential order dated 23rd July, 2004 passed by the district Inspector of Schools attesting his signatures are against the Scheme of administration of the Institution. ( 17 ) THIS submission of learned Senior Counsel for the petitioner cannot be accepted. ( 17 ) THIS submission of learned Senior Counsel for the petitioner cannot be accepted. A conjoint reading of Clauses 7 and 8 of the Scheme of Administration of the Institution clearly shows that though the term of the office bearer is three years from the date he is chosen but every office bearer shall be deemed to have been continued till his successor is chosen and any casual vacancy amongst the office bearers shall be filled by the Committee of Management for the unexpired period of the term and the person so appointed shall continue for the residue of the term. Haider Raza had been elected as the Manager in the election of the committee of Management of the Institution held on 19th May, 1996. Thus, even if the amendments made in the Scheme of Administration extending the term to five years is not taken into consideration and as the elections held on 18th June, 2001 had been set aside by the Court, Haider Raza continued as the Manager under Clause 7 of the Scheme of Administration till his death on 17th July, 2002 since no successor had been chosen in the meantime. Clause 8 of the Scheme of Administration provides that any casual vacancy amongst the office bearers of the Committee shall be filled by the Committee of Management for the unexpired period of the term and any person so appointed shall be the office bearer for the residue of the term for which person whose place he fills would have been the office bearer. Haider Raza was to continue as the Manager till his successor was chosen. In such circumstances, if Haider Raza died on 17th July, 2002 without any successor having been chosen, the casual vacancy was required to be filled up in terms of Clause 8 of the Scheme of Administration and the person so appointed would continue as the Manager till a successor Manager is chosen. The interpretation sought to be placed by Sri W. H. Khan, learned Senior Counsel for the petitioner that Clause 8 of the Scheme of Administration will apply only if haider Raza died within three years from 18th July, 1996 cannot, therefore, be accepted. The interpretation sought to be placed by Sri W. H. Khan, learned Senior Counsel for the petitioner that Clause 8 of the Scheme of Administration will apply only if haider Raza died within three years from 18th July, 1996 cannot, therefore, be accepted. ( 18 ) THERE is, therefore, no infirmity in the resolutions dated 19th July, 2002 and 18th July, 2004 passed by the Committee of Management or the order dated 23rd July, 2004 passed by the District Inspector of Schools. ( 19 ) THE writ petition is, accordingly, dismissed. .