COMMITTEE OF MANAGEMENT Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Petitioner No. 1 claims to have been duly elected Committee of Management and Petitioner No. 2 the Manager of Durgeshwarnath Intermediate College, Rudrapur district Deoria which is run by Respondent No. 5, a society registered under the Societies Registration Act. They claim to have been elected at a meeting held on the 3rd July, 1977 for a term of three years which would expire on the 3rd July 1980. The college is run under a Scheme of Administration to be now on described as the Scheme according to the context, framed under Sec. 16-A of the Intermediate Education Act (hereinafter referred to as the Act) which had received the approval of the Director of Education under Sub-section (5) of Sec. 16-A. Paragraph 21 of the Scheme admittedly was in the following terms:-

(2.) On the 3rd Feb., 1979 the Deputy Director of Education passed an order which was addressed to the District Inspector of Schools, Deoria, relevant portion of it as appears from Annexure 3 to the counter-affidavit filed by Bashishtha Lal Srivastava, Assistant Manager-cum-Joint Secretary of the Society--Respondent No. 5 on behalf of Respondent No. 4 was in the following terms:-

(3.) By means of this petition, which was presented in this Court on the 8th Feb., 1979, the Petitioners have prayed for a writ of certiorari or any other order or direction or writ in the nature of certiorari quashing the order dated 3rd Feb. 1979 passed by Respondent No. 1. There is a further prayer for a writ in the nature of mandamus commanding the Respondents not to interfere in the Petitioners' working as duly elected office-bearers of the Committee of Management. When this petition was admitted to hearing, an ex-parte interim order was passed by this Court staying the operation of the order dated 3rd Feb., 1979. The interim order was subsequently vacated. From the rejoinder-affidavit filed it appears that Respondent No. 1, by an order dated 2nd Aug., 1979 during the pendency of this petition, extended the appointment of Respondent No. 3 by a further period of six months.