TEJPAL SINGH Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The Petitioner Nos. 1 and 2 claiming themselves to be the life members of the society and the Petitioner Nos. 3 and 4 who are applicants for life membership, but whose induction has been rejected under the impugned order, have come up before this Court questioning the correctness of the order passed by the Respondent No. 1 dated 8.8.2008 and the order dated 1st October, 2005 which essentially relates to the rejection of the claim of 72 members to participate in the elections of the Committee of Management of Janta Inter College, Baseda Khurd, District Bijnor.

(2.) The background in which the dispute has arisen is that the last undisputed elections were held on 23.2.2000 in which one Meghraj Singh was elected as the President and Niranjan Singh was elected as the Manager. The said elections were recognised and the signatures were accordingly attested by the District Inspector of Schools. The tenure of the Committee of Management was three years. A proposal was made for extending the tenure to five years on 20th January, 2002 which came to be approved by the competent authority under the provisions of Section 16-A of the U.P. Intermediate Eduction Act, 1921 on 28.11.2002. The term of three years came to an end on 22nd February, 2003 but the Committee elected in the year 2000 continued on the presumption that the amendment brought about in the tenure of the scheme of administration would apply to the then existing Committee of Management as well.

(3.) The District Inspector of Schools on 4th August, 2003 passed an order that the amendment which has been carried out would apply prospectively in relation to the new Committee of Management that would be elected after the expiry of the earlier term which was three years and consequently the same would not apply to the existing Committee of Management. This order of the District Inspector of Schools was challenged by the then Committee in Writ Petition No. 51480 of 2003 in which an interim order was passed.