COMMITTEE OF MANAGEMENT GANGADIN RAM KUMAR INTER COLLEGE Vs. DEPUTY DIRECTOR JOINT DIRECTOR OF EDUCATION VTH REGION

JUDGEMENT

(1.) The election of the Committee of Management Gangadin Ram Kumar Inter College, Ramgarh, Barawan, District Jaunpur held on 21st June, 1993 by the authorised controller and its recognition was challenged in writ petition No. 88 of 1994. This writ petition was disposed of along with writ petition 37481 of 1992 by an order dated 22nd October, 1999. The election held on 21st June, 1993 was set aside. By the time the said order was passed another election was alleged to have taken place in 1996. Having regard to the said fact, the said order contained a condition that in case further election is held from the list of 87 members, then the District Inspector of Schools was directed to de-recognize the same. This condition was followed by direction for passing an order of single operation in order to ensure payment of salary to the teachers till a fresh valid election is held and a committee is recognized. This order contained a further direction to appoint an authorised controller who was directed to hold the election upon compliance with certain other directions contained therein relating to the finalization of the member's list etc. pursuant to this decision, the petitioner had been insisting that the authorities concerned should de-recognize the Committee of Management that was alleged to have been elected in 1996. By an order dated 29th November, 1997, the Committee of Management was de-recognized by the Deputy Director of Education, Vth Region, Varanasi. The respondents had filed a representation, on the basis whereof this order dated 29th November, 1997 was recalled by the then Deputy Director of Education by an order dated 23rd December, 1997 which was alleged to have been passed ex parte. This order dated 23rd December, 1997 contained in Annexure 11 of writ petition No. 11857 of 1998 has since been challenged in that writ petition This Court by an order dated 17th April, 1998 directed single operation under the U.P. High School & Intermediate College (Payment of Salary to Teachers & other Employees) Act, 1971 to ensure payment of salary to the teachers and other employees until farther orders. Subsequently it is alleged that another election had taken place in 1999. In writ petition No. 19720 of 1996, a prayer was made that there should be no election until the decision in writ petition 88 of 1994 is given. But an election in 1996 was held and by virtue of the order dated 22nd October, 1997 passed in writ petition 88 of 1994, the said writ petition had become infructuous, which has been dismissed by a separate order passed in the said writ petition. After the alleged election was held in 1999 and the Committee of Management so elected was recognized, another writ petition being writ petition No. 34814 of 1999 has since been filed in which again an interim order was issued for single operation in order to ensure payment of salary to the teachers and other employees. This election as well as the recognition of the Committee of Management by virtue of certain orders contained in Annexures 20, 21, 22 and 24 respectively in the subsequent writ petition has been challenged.

(2.) Both these writ petitions are taken up together for hearing along with the other connected matters. Learned Counsel for both the parties agree that the decision on these two writ petition would govern the other connected matters, which are ancillary to these proceedings, namely, the few of them are special appeals arising out of interim order and few of them are proceeding for contempt arising out of certain matters within the scope and ambit of these writ petitions. Therefore, before proceeding to decide other connected matters, we may proceed to decide these two writ petitions.

(3.) I have heard Mr. S.N. Shukla, learned Counsel for the petitioners and Dr. R.G. Padia for the respondents in both the writ petitions.