COMMITTEE OF MANAGEMENT, SHRI BHAVNATH INTER COLLEGE AND OTHERS Vs. DEPUTY DIRECTOR OF EDUCATION AND OTHERS

JUDGEMENT

(1.) This writ petition can be disposed of on a short point and hence it is not necessary to go into the detailed facts of the case.

(2.) In brief the position is that the petitioner's claimed to be the Committee of Management of Shri Bhavnath Inter College, Lahuan Kalan, Azamgarh by virtue of an election which took place on 9-4-1977 and which was approved by the District Inspector of Schools, Azamgarh. Originally the term of the Committee of Management was three years under the Scheme of Administration as it stood at that time. But by a later amendment in the Scheme of Administration approved by the Deputy Director of Education, VII Region, Gorakhpur the term was extended up to five years. Consequently, the petitioner Committee of Management was to continue till 8-4-1982 However, its term was abruptly cut short by the impugned order of the Deputy Director of Education (respondent No. 1) dated 5-8-1980, which purported to have been passed in exercise of the power conferred upon him by paragraph 21 of the Scheme of Administration approved under Sec. 16-A of the U P. Intermediate Education Act, 1921. By the aforesaid order the Deputy Director of Education declared that the dispute had arisen between two rival Committees of Management with respect of Shri Bhavnath Intermediate College. Lahuan Kalan, Azamgarh and consequently Sri Dinesh Chandra Karaujia, District Basic Education Officer, Azamgarh was appointed Administrator to carry on the administration of the College.

(3.) The contention of the petitioners was that paragraph 21 of the Scheme of Administration was ultra vires of the U. P. Intermediate Education Act and hence the order of respondent No. 1 passed in exercise of the power under that paragraph was invalid.