IQBAL MAHMOOD Vs. STATE OF U P

JUDGEMENT

(1.) In the district of Moradabad, there is in institution known as Fazrul Rehman INter College, Chandausi, Moradabad. Said institution is recognized under the provisions of U.P. INtermediat Education Act, 1921, and payment of salary to the staff is made up to the High School level under the provisions of U.P. High School and INtermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971. The INtermediate is unaided even till date. Said institution has its own registered Scheme of Administration. On 8.4.1997 election to the Committee of Management was held and at that time there were 33 valid members. Thereafter papers were sent to the District INspector of Schools, who vide order dated 17.4.1997 attested the signature of duly elected Manager, namely, Atiqur Rehman. IN the said election one Ataur Rehman was elected as President. INitially the tenure of the Committee of Management was three years. However, it was extended to five years. Therefore, the election held on 8.4.1997 was valid up to 7.4.2002. Petitioners of writ petition No. 25300 of 2008, who are ten in number, claim that they are valid members of the general body, each one of them having deposited Rs. 2000/- accoding to the provisions of Scheme of Administration, a valid resolution was passed on 14.7.1999 accepting them as members. Thereafter fresh elections took place, and as Regional Committee had not accorded approval to the said elections held on 26.6.2002, at the said juncture Civil Misc, Writ Petition. No. 7335 of 2004 was filed and the said writ petition was allowed on the ground of there being violation of the principles of natural justice. Thereafter, the matter was again taken up by the Regional Committee, and decision has been directing therein for holding fresh elections well within time frame of three months after examining the issue of membership. Thereafter, the Prabandh Sanchalak proceeded to hold the election, which was inclusive of the petitioners of writ petition No. 25300 of 2008. At the said juncture, writ petition No. 59171 of 2007 had been filed, and this Court disposed of the said writ petition with liberty to file objection. Thereafter objections were filed and the orders were passed by the District INspector of Schools, wherein directives were given for holding elections from amongst 27 members of the general body. IN respect of petitioners, it was mentioned that as their membership was not legal, said issue would be decided by the new Committee of Management, which takes over the charge. At the said juncture, Civil Misc. Writ petition No. 25300 of 2008 has been filed by Iqbal Mahmood and others. It appears that on one hand order passed by the District INspector of Schools has been assailed before this Court and on the other hand the matter was represented before the Joint Director of Education. The Joint Director of Education proceeded to set aside the order passed by the District INspector of Schools. At the said juncture, Abdul Wasi filed writ petition No. 41457 of 2008. It is further reflected that on account of pendency of writ petition No. 25300 of 2008, the election process which was on, has been stayed. At the said juncture writ petition No. 25454 of 2009 has been filed, and thereafter, all the three writ petitions have been clubbed together, and they have been taken up for final hearing and disposal with the consent of parties, by a common judgment.

(2.) Sri V.D. Mishra, Advocate, learned counsel for the petitioners of writ petition No. 25300 of 2008, contended with vehemence that the petitioners are validly enrolled members of the general body as per provisions as contained in the Scheme of Administration. In such a situation and in this background, writ petition filed by them deserves to be allowed and the other writ petition No. 41457 of 2008 and writ petition No. 25454 of 2009 deserve to be dismissed.

(3.) In order to appreciate the provisions as contained in paragraph 7 of the Scheme of Administration, which deals with the procedure of becoming member of the general body, are being looked into, and for ready reference, paragraph 7 thereof is being extracted below :