COMMITTEE OF MANAGEMENT, WESLEY INTER COLLEGE, AZAMGARH THROUGH ITS MANAGER MR. E.G. TIMOTHI Vs. DIRECTOR OF EDUCATION (SECONDARY) AND ORS.

JUDGEMENT

(1.) The Committee of Management, Wesley Inter College, Azamgarh though its Manager E.G. Timothi has sought the quashing of the order dated 7th July, 2010 passed by the District Inspector of Schools, Azamagarh by which he has granted recognition to the election of the Committee of Management of the Institution held on 20th June, 2010 with Navin Singh as the Manager.

(2.) It is pointed out by Sri A.D. Saunders, learned Counsel for the Petitioner that the Scheme of Administration of the Institution was amended and the Joint Director of Education by the order dated 22nd May, 1999 approved the amendments made in the Scheme of Administration. However, a letter dated 26th June, 2006/28th August, 2006 was received in the first week of October, 2006 from the Joint Director of Education that the aforesaid order approving the amendments made in the Scheme of Administration has been cancelled. This order was challenged by the Petitioner in Writ Petition No. 66927 of 2006 which was partly allowed by the judgment and order dated 20th May, 2010. The order dated 26th June, 2006/28th August, 2006 passed by the Joint Director of Education was set aside and the matter was remitted to the authority concerned to pass a fresh order, after giving opportunity to the parties, within two months. It is further stated by the learned Counsel for the Petitioner that till date the Joint Director of Education has not decided the matter after remand by the High Court.

(3.) According to the Petitioner, the elections of the Committee of Management of the Institution were held on 3rd June, 2010 and E.G. Timothi was again elected as the Manager. The proceedings were forwarded to the District Inspector of Schools by the communication dated 14th June, 2010 but the District Inspector of Schools by the order dated 7th July, 2010 has approved another election of the Committee of Management of the Institution said to have been held on 20th June, 2010 with Naveen Singh as the Manager. It is the submission of the learned Counsel for the Petitioner that the order dated 7th July, 2010 passed by the District Inspector of Schools deserves to be set aside as not only does it fail to take into consideration the election of the Petitioner -Committee of Management held on 3rd June, 2010, but it does not record any finding as to whether the elections of the Respondent held on 20th June, 2010 were held on the basis of the amended Scheme of Administration or the unamended Scheme of Administration of the Institution. It is his submission that the elections held on 20th June, 2010, on which reliance has been placed by Respondent No. 4 -Naveen Singh, were held on the basis of the unamended Scheme of Administration which was not permissible since the order dated 26th June, 2006/28th August, 2006 by which the earlier order approving the amendments made in the Scheme of Administration of the Institution was set aside in the writ petition filed by the Petitioner and the matter is still engaging the attention of the Joint Director of Education.