COMMITTEE OF MANAGEMENT Vs. STATE OF UP

JUDGEMENT

(1.) Writ Petition No. 22753 of 2010 has been filed by the Committee of Management of Luxmi Narain Jagdish Sharan Kanya Inter College, Moradabad and Sanjeev Kumar claiming to be its Manager for setting aside the order dated 25th January, 2010 passed by the District Inspector of Schools, Moradabad by which he has disposed of the representation filed by Satya PrakashAgarwal pursuant to the order dated 5th November, 2009 passed in Writ Petition No. 1238 of 1984 by approving the elections of the Committee of Management of the Institution held on 28th December, 2008 in which Satya Prakash Agarwal was elected as the Manager/Secretary.

(2.) Writ Petition No. 49038 of 2008 has been filed by Sanjeev Kumar for quashing the order dated 29th August, 2008 passed by the Authorised Controller/City Magistrate holding that the old Scheme of Administration approved on 4th April, 1962 and the list of members of the General Body decided by the Civil Court in Original Suit No. 106 of 1999 are the valid Scheme of Administration of the Institution and the valid list of members of the General Body on the basis of which the election for constituting the Committee of Management of the Institution is to be held.

(3.) It is stated that Luxmi Narain Jagdish Sharan Kanya Inter College, Moradabad (hereinafter referred to as the 'petitioner-Institution') is an Intermediate Institution governed by the provisions of U.P. Intermediate Education Act, 1921. The Scheme of Administration of the Institution was approved by the Deputy Director of Education on 4th April, 1962. An order dated 30th December, 1983 was issued by the Regional Joint Director of Education directing all the Colleges in the Region to get the Scheme of Administration amended. This order dated 30th December, 1983 was challenged by the Committee of Managements of 22 Colleges of Moradabad Region including the petitioner-Committee of Management in Writ Petition No. 1238 of 1984 in which an interim order was passed on 23rd January, 1984 restraining the respondents from compelling the petitioners to comply with the requirement of U.P. Act No. 1 of 1981 and the Scheme of Administration according to the Third Schedule under Section 16-CC of the Amending Act and the Court also stayed the operation of the order dated 30th December, 1983. It is said that an application was subsequently moved by the petitioner-Committee of Management in Writ Petition No. 1238 of 1984 with a prayer that its name be deleted as a petitioner since it did not want to prosecute the writ petition and on 12th January, 1999, the Court allowed the application and the name of the petitioner-Committee of Management which was petitioner No. 4 in the writ petition was deleted.