COMMITTEE OF MANAGEMENT SRI SIDHA NATH UCHCHATAR MADHYAMIK VIDYALAYA Vs. DEPUTY DIRECTOR OF EDUCATION 7TH REGION GORAKHPUR

JUDGEMENT

(1.) BY the present petition under Article 226 of the Constitution impugned order dt. 22-8-90 (Annexure-10 to the petition) and order dated 21-8-90 (Annexure 9 to the writ petition) passed by District Inspector of Schools Mau recalling the order dated 17-8-1990 (Annexure 7 to the writ petition) attesting the signature of Sri Raghvendra Bahadur Singh as Manager ' of Sidhnath Uchchatar Madhyamik Vidyalay Sidhwal Mau are sought to be quashed by issuing a writ of Certiorari.

(2.) ELECTION Committee of Management Sri Sid ha Nath Uchchatar Madhyamik Vidyalaya Sidhawal was held on 15-7-1990. Sri Raghvendra Bahadur Singh was elected its Manager and his signature was attested on 17-8-1990 (Annexure-7 to the writ petition) by the District Inspector of Schools. There was some dispute in respect of committee of management and no confidence motion was brought. He, however, referred the dispute under Section 16-A (7) of U. P. Intermediate Education Act 1921 (for short the Act) to the Deputy Director of Education. By his order dated 21-8-1990 (Annexure 9) District Inspector of Schools recalled his earlier order dated 17-8-1990 attesting signature of Raghvendra Bahadur Singh as Manager. By another order dated 22-8-1990 the District Inspector of Schools passed order for single operation of the institution in view of Section 5 (i) of U. P. High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act 1971.

(3.) AS regards the first submission that reference of dispute to the Deputy Director of Education under Section 16-A (7) of the Act, as the petitioner no. 2 was already elected on 15-7-90 was erroneous, in as much as there was no other election. Ex abundanti cautela provisions of Section 16-A (7) of the Act are set out below : "16-A (7). Whenever there is 'dispute with respect to the Mangement of an institution', persons found by the Regional Deputy Director of Education upon such enquiry as is deemed fit to be in actual control of its affair may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction direct otherwise ; Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimant!) to make representations in writing. EXPLANATION ; In determining the question as to who is in actual control of the affairs. of the institution, the Regional Deputy Director of Education shall have regard to the contorl over funds of the institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under sub-section (5) and other relevant circumstances".