COMMITTEE OF MANAGEMENT OF SRI RAM PURA MADHYAMIC VIDYALAYA, TALIYA KALAN, DISTRICT DEORIA AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, VIITH REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) By this petition filed under Art. 226 of the constitution the petitioner challenges the validity of the order of the Deputy Director of Education dated 14th July, 1981 passed under Sec. 16-A (7) of the U.P. Intermediate Education Act, recongnising the Respondent 3 as the duly elected Manager of the Committee of Management of the Janta Inter College, Thekma Bijaili, District Azamgarh.

(2.) In respect of the committee of Management of this College, a dispute arose between Ram Sewak Rai on the one hand and Rajendra Rai, Respondent no. 3 on the ether hand in 1978. Rain Sewak Rai claimed himself to be the duly elected Manager of the Committee of Management having been elected on 16th April, 1978. Contrary to this Rajendra Rai asserted that Ram Sewak Rai was not elected on 16th April, 1973 and that he had been elected as Manager by the Members consuming the Committee of Management on a date different than 16th April, 1978. This dispute was taken to the District Inspector of Schools, who any an order dated 8th July, 1980 held that the Committee of Management of which Ram Sewak Rai was the Manager, was duly elected. He accordingly attested the signatures of Ram Sewak Rai and accorded his app,oval to his election. Aggrieved by this order of the District Inspector of Schools Rajendra Rai filed a writ petition in this Court, which was dismissed summarily. Immediately after the dismissal of the writ petition, Respondent no. 3 approached Sri Indu Prakash Singh, Deputy Director of Education for exercising the powers of an Arbitrator under Paragraph 20 of the Scheme of Administration. The Deputy Director of Education passed an order on the 15th July, 1980 and stayed cue order of the District. inspector of Schools recognising the petitioner Ram Sewak Rai as the Manager. The said order was communicated to the petitioner by the District Inspector of Schools by his letter dated 21st July, 1980. Thereupon, the petitioner Ram Sewak Rai filed writ petition no. 7482 of 1980. A division Bench of this Court allowed the writ petition on 25th Sept., 1980 and quashed the impugned order of the Deputy Director of Education dated 15th July, I960 by which he had assumed the functions of Arbitrator and had stayed the recognition granted by the District Inspector of Schools. For deciding the writ petition the Division Bench relied upon a decision of a Full Bench of this Court reported in Committee of Management and another Vs. The Deputy Director of Education and others, [1980 ALJ 683 : 1980 UPLBEC 183 (FB)].

(3.) As a result of the quashing of the order of the Deputy Director of Education on 25th Sept., 1980, the petitioner Ram Sewak Rai became entitled to assume the charge of the office. On account of the order passed on 15th July, 1980 the Controller appointed by the Deputy Director of Education had taken over the management. The petitioners case is that Indu Prakash Singh, the Deputy Director of Education was biased against the petitioner and wanted to harm him for having approached this court. He delayed the handing over of the charge till the notice of the contempt petition filed by the petitioner was served upon him. However, it is not necessary to deal with that question.