COMMITTEE OF MANAGEMENT, DAYA NAND UCHATTAR MADHYAMIK VIDYALAYA, THAUR KHEWASIPUR, JAUNPUR & ANR. Vs. STATE OF U.P.&ORS

JUDGEMENT

(1.) WRIT Petition No.55706 of 2004 has been filed by the Committee of Management of Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur and Parmanand claiming to have been elected as Manager of the Committee of Management of the Institution for quashing the order dated 17th November, 2004 passed by the Joint Director of Education, Varanasi by which the two elections held for constituting the Committee of Management of the Institution have not been approved and the District Inspector of Schools has been appointed as Prabandha Sanchalak for holding the elections within a period of four months since the term of the Committee of Management elected earlier had expired. Writ Petition No.21209 of 2010 has been filed by the Committee of Management of Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur and Parmanand for quashing of the order dated 16th March, 2010 passed by the Joint Director of Education, Varanasi by which the Principal of the Government Inter College, Jakhani, Varanasi has been appointed as the Prabandha Sanchalak of the Institution in place of the District Inspector of Schools, Varanasi who had earlier been appointed as the Prabandha Sanchalak in the Institution by the order dated 17th November, 2004. A further direction has been sought upon the respondents to recognise the Committee of Management of the Institution with petitioner no.2-Parmanand as the Manager and to take a decision with regard to the holding of fresh elections before the expiry of the term of the present Committee of Management.

(2.) IT is stated that Dayanand Ucchatar Madhyamik Vidyalaya, Thaur Khewasipur, Jaunpur (hereinafter referred to as the ''Institution') is recognised under the provisions of the U.P. Intermediate Education Act, 1921 and receives aid from the State Government. It has its own Scheme of Administration which provides that the term of the office bearers and members of the Committee of Management of the Institution shall be three years but on expiry of the aforesaid period, the office bearers can continue for a further period of one month. However, if within this period of three years and one month the newly elected Committee of Management does not take charge, then the term of the Committee of Management shall automatically come to an end and the Deputy Director of Education shall nominate a person as Prabandha Sanchalak for managing the affairs of the Institution who shall constitute the Committee of Management of the Institution at the earliest and handover charge to it but if there is a dispute, he shall handover charge to such Committee of Management in whose favour order is passed by the Deputy Director of Education.

(3.) IT needs to be mentioned that the Joint Director of Education, Varanasi also appointed the District Inspector of Schools as the Prabandha Sanchalak for holding the elections of the Committee of Management by the order dated 30th October, 2002. This order was assailed by the petitioners in Writ Petition No.49019 of 2002 which was allowed by the judgment and order dated 18th November, 2002 with the following observations:-