MAHENDRA PRATAP SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 1 5th October, 2009 passed by the Authorised Controller of the Khalsa Inter College, Noorpur, District Bijnor by which he has determined the list of 281 life members of the General Body entitled to participate in the election of the Committee of Management of the Institution. The petitioners have sought a further direction that the Authorised Controller should continue in the Institution till the valid electoral roll is determined and the election of the Committee of Management of the Institution is held.

(2.) It is asserted in the writ petition that Khalsa Inter College, Noorpur, District Bijnor (hereinafter referred to as the 'Institution') is a minority Institution which is run by the "Sikh Vidhya Sabha Noorpur, District Bijnor" and is governed by the provisions of the U.P. Intermediate Education Act, 1921. Under Clause 7 of the Scheme of Administration of the Institution, the term of the Committee of Management of the Institution is three years from the date of election. In the election of the Committee of Management of the Institution held on 3rd February, 2005, Dr. Shrawan Singh was elected as the Manager and Dr. Mahendra Pratap Singh was elected as the President. However, the Committee of Management elected on 3rd February, 2005 amended Clauses 7 and 8(2) of the Scheme of Administration and extended the term of the Committee of Management from three years to five years and the Joint Director of Education, Moradabad also granted approval to the said amendments on 13th September, 2007. The District Inspector of Schools, however, passed an order on 16th January, 2008 that the amendments made in the Scheme of Administration regarding the extension of the term of the Committee of Management of the Institution from three years to five years would be applicable from the next election of the Committee of Management and would not apply to the term of the existing Committee of Management.

(3.) This order dated 16th January, 2008 passed by the District Inspector of Schools was challenged by the Committee of Management in Writ Petition No. 18926 of 2008 in which an interim order was passed on 1 7th April, 2008 staying the operation of the order dated 1 6th January, 2008 but ultimately the said petition was dismissed by the judgment and order dated 27th May, 2009.