RAM YASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 1st October, 2009 passed by the District Inspector of Schools, Ghazipur by which the Committee of Management of Shri Aditya Lal Janta Yogesh Uchchattar Machyamik Vidyalaya, Ghazipur (hereinafter referred to as the "Institution') with Geeta Prasad Tiwari as President and Guru Lal Srivastava as the Manager was approved.

(2.) It transpires from the record of the writ petition that the Institution is an Intermediate Institution which receives grant-in-aid from the State Government. The elections of the Committee of Management of the Institution held in 1989 were not approved and the Joint Director of Education ordered for appointment of a Prabandh Sanchalak for getting fresh elections held. The District Inspector of Schools, Ghazipur was appointed as the Prabandh Sanchalak. The election programme was published by the Prabandh Sanchalak in the newspaper on 6th July, 2009 and according to it the election of the Committee of Management of the Institution was to be held on 19th July, 2009. The date of election was, however, postponed and another programme was published in the newspaper on 9th September, 2009 that the election would be held on 20th September, 2009. The District Inspector of Schools by the order dated 14th September, 2009 appointed Santosh Kumar Rai as the Election Officer. However, before the election programme was published on 9th September, 2009, the erstwhile Manager of the Committee of Management of the institution submitted a representation before the Prabandh Sanchalak on 6th September, 2009 that the election of the Committee of Management of the Institution may be held sometimes in October, 2009 as he was ill and was advised bed rest by the Doctor. It is said that on the said application, the Prabandh Sanchalak passed an order on 7th September, 2009 postponing the election and also directed that information should be published in the newspaper. On 20th September, 2009, a publication was made in the newspaper that the election scheduled to be held on 20th September, 2009 has been postponed until further orders.

(3.) The Petitioner claiming himself to be a contender for the post of Manager of the Committee of Management of the Institution, on coming to know that election was held in which Guru Lal Srivastava was elected as the Manager and Geeta Prasad Tiwari as President filed a representation before the Joint Director of Education that election could not have been held on 20th September, 2009 as they had been postponed by the order passed by the District Inspector of Schools and a notice had also been published in the newspaper regarding this fact. However, the District Inspector of Schools, who was also the Prabandh Sanchalak of the Institution, passed an order on 1st October, 2009 recognising the election held on 20th September, 2009. It is this order that has been impugned in the present petition.