ASHRAF ZAKARIA ISLAMIA HIGHER SECONDARY SCHOOLCOMMITTEE OF MANAGEMENT Vs. ADDITIONAL DISTRICT JUDGE II THE DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) There is a college known as Ashraf Zakaria Islamia Higher Secondary School, Noorpur, District Bijnor (the College). It is governed by a scheme of administration approved under the U.P. Intermediate Education Act (the Act). Elections of the committee of management were held in the year 1989 in which one Mohd. Siddiq was elected as Manager of the College. Sri Siddiq expired in the year 1991 and one Sri Abdul Ayum Qamar was opted as Manager of the committee of management. 17 persons requested for becoming life members of the society and the requisite amount was also deposited in the bank. The District Inspector of Schools, Bijnor (the DIOS) their membership on 27th July, 1992. Subsequently on a representation made by the committee of Management the DIOS by his order dated 7th August, 1992 cancelled his order dated 27th July, 1992. Thereafter fresh elections were held on 24-8-1992 in which one Kutubuddin was elected as Manager. Thereafter again elections were held on 14-9-1995 in which Sri Viqar Ahamd (the petitioner) was elected as the Manager. His signatures were attested by the DIOS on 29-9-1995. During the tenure of this committee of management 17 persons who were allegedly debarred for being member by the DIOS on 7-8-1992 filed suit No. 302 of 1998 for declaring them permanent life member and restraining the committee of management from holding this election. In this suit a temporary injunction was granted by the trial Court on 9-11-1998. The petitioner filed an appeal which was dismissed on 5th December, 1998, hence the petitioner filed writ petition No. 44633 of 1999 (the first writ petition) in this Court challenging these orders Second, Third and Fourth writ petitions

(2.) The petitioner was elected as Manager in the elections, which were held on 14-9-1995. The terms of the committee of management was three years and elections were to be held within three years one month. As no election could be held within that period Prabandh Sanchalak was appointed on 9th November, 1998. Prabandh Sanchalak held election on 14th February, 1999. In these elections admittedly 17 persons whose membership was cancelled by the DIOS on 7-8-1992 and who had obtained injunction from Civil Court participated. In these elections Sri Abdul Haq (the contesting respondent) was elected as Manager of the committee of management. The signatures of Abdul Haq were also attested on 25th February. 1999. However, the DIOS stayed his order dated 25-2-1999 attesting the signatures of the contesting respondents on 5th March, 1999. The contesting respondent filed a writ petition No. 8678 of 1999 (the second writ petition) against the order of the DIOS dated 5th March, 1999. The DIOS again by his order dated 31st July, 1999 revived the order dated 25th February, 1999 and the petitioner has filed writ petition No. 34170 of 1999 (third writ petition) against this order of the DIOS. Finally the DIOS by his order dated 2nd August, 1999 set aside his order dated 25th February, 1999 attesting the signatures of the contesting respondent. Aggrieved by this order the contesting respondent has filed the writ petition No. 33051 of 1999 (fourth writ petition). Fifth Writ Petition

(3.) Prabandh Sanchalak was appointed on 9th November, 1998. He accepted draft for enrolling 40 members as life members on 6th January 1999, but he had made it clear that these 40 members will become members subject to acceptance by the committee of management. According to the contesting respondent after his signatures were attested the committee of management passed a resolution on 27th February, 1999 accepting these 40 persons to be the member of the society. When the DIOS by his order dated 2nd August. 1999 set aside the attestation in favour of the contesting respondent, he also appointed Prabandh Sanchalak and directed for holding a fresh election. In the meantime the Joint Director of Education, Moradabad (the JDE) by his order dated 25th January, 1999 and 25th January, 2000 passed an order that Prabandh Sanchalak is appointed to hold election and as such he can not enroll these members. In pursuance of this order the Prabandh Sanchalak passed an order on 28th January, 2000 returning the amount of these 40 persons. Out of these 40 persons three persons have filed writ petition No. 7325 of 2000 (fifth writ petition) challenging this order. 2nd and 3rd Writ Petitions are Infructuous