COMMITTEE OF MANAGEMENT Vs. STATE OF UP

JUDGEMENT

(1.) COUNTER affidavit on behalf of the respondent no.6 has been filed. Shri Ashok Khare, learned Senior Counsel assisted by Shri Shobit Dubey, learned counsel for the petitioners states that the petitioners do not propose to file any rejoinder affidavit, and the matter may be heard for final disposal. Accordingly, the matter is being heard for final disposal.

(2.) THE present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners, interalia, praying for quashing the order dated 5/6.2.2009 (Annexure -34 to the Writ Petition) issued by the Regional Level Committee - 1st Region, Meerut/Joint Director of Education - 1st Region, Meerut (respondent no.2).

(3.) IT is, interalia, further averred in the Writ Petition that the institution in question is not receiving grant -in -aid from the State Government and the provisions of the U.P. Act No. 24 of 1971 are not applicable to the institution in question; and that the institution in question has a duly approved Scheme of Administration framed under the U.P. Intermediate Education Act, 1921; and that the said Scheme of Administration was accorded approval by the Deputy Director of Education, First Region, Meerut by an order dated 24.5.1993;and that under the Scheme of Administration, the General Body is to comprise of several categories of members, and all such categories of members constitute the General Body, which elects seven Members and five Office Bearers of the Committee of Management; and that the Committee of Management is to be elected for a term of three years but in case, a newly elected Committee of Management does not assume charge within an additional period of one month from the date of expiry of three years, then it is open to the Deputy Director of Education to appoint a Prabandh Sanchalak with power to hold a fresh election and to manage the institution in the intervening period; and that Clause -9 of the Scheme of Administration prescribes the procedure for holding the election.