COMMITTEE OF MANAGEMENT OF SHRI GANDHI MAHA VIDYALAYA (HIGHER SECONDARY SCHOOL), MALAYANGAR MALAP, DIST. BALLIA AND ANOTHER Vs. DISTRICT INSPECTOR OF SCHOOLS, BALLIA AND ANOTHER

JUDGEMENT

(1.) A letter was sent by one Tarkeshwar Pandey to the District Inspector of Schools Ballia on 15-10-79 attaching thereto a copy of the minutes of a meeting of Karya Kanni Samiti of Sri Gandhi Mahavidyalaya, Malayanagar Malap, district Ballia, said to have been held on 14th Oct., 1979 stating that the Committee of Mananement of Sri Gandhi Mahavidyalaya, Malayanagar Malp Ballia had been constituted in the said meeting Tarkeshwar Pandey was elected President alongwith other office bearers. On receiving an intimation in this behalf the petitioners filed an objection before the District Inspector of Schools denying the claim made by Tarkeshwar Pandey and asserting that a Committee of Management had already been constituted on 26th Feb., 1978 in which the petitioner no. 2 Sri Jagdish Yati had been elected Manager. At this place it may be pointed out that the claim of the petitioners that any election had taken place on 26th Feb., 1978, has been disputed by the counsel for the respondents. The District Inspector of Schools passed an order on 8th Feb., 1980 giving recognition to the Committee of Management said to have been constituted on 14th Oct., 1979 as asserted by Tarkeshwar Pandey. It is this order dated 8th Feb., 1980 by the District Inspector of Schools which is sought to be quashed in the present writ petition.

(2.) Several points . have been raised in this writ petition but it is not necessary to consider each one of them inasmuch as in our opinion the impugned order passed by the District Inspector of Schools deserves to be quashed on the submission referred to below made by the counsel for the petitioner.

(3.) Counsel for the petitioners submits that Sri Gandhi Mahaviyalaya. Malayanagar, Malap. District Ballia (hereinafter referred to as the college) is being managed in accordance with a Scheme of Administration prepared in pursuance of Sec. 16-A of the U. P. Intermediate Education Act (hereinafter referred to as said Act) and the election in question has been held in its contravention. A copy of the Scheme of Administration has been attached as Annexure 2 to the writ petition. Paragraphs 4 and 5 deals with the Committee of Management and its constitution. They read as follows :