COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) The dispute in this writ petition relates to the election of the Committee of Management of the S.B. Inter College, Terahi Kapatganj, district Azamgarh, (hereinafter referred to as the 'Institution'), which is an Institution recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act'). The Committee of Management of the Institution and Dr. Phool Chandra Singh claiming to be the Manager, have sought the quashing of the decisions taken by the Regional Level Committee on 29th April, 2010 and 31st July, 2010 regarding the elections of the Committee of Management of the Institution.

(2.) In the decision taken on 29th April, 2010 by the Regional Level Committee, neither the election of the Committee of Management of the Institution said to have been held on 30th August, 2008 in which Shashi Prakash Singh was elected as the President and Jai Prakash Pandey as the Manager, nor the election held on 28th August, 2008 in which Dhirendra Singh was elected as the President and Dr. Phool Chandra Singh as the Manager were approved for the reason that they were not held in accordance with the Scheme of Administration of the Institution and recommendation was also made for appointment of an Authorized Controller under Section 16-D of the Act with a further direction that the Prabandh Sanchalak earlier appointed shall continue to manage the affairs of the Institution till the appointment of the Authorized Controller. The Regional Level Committee also directed that fresh elections of the Committee of Management of the Institution should be held in accordance with the Scheme of Administration of the Institution after obtaining the list of members from the Assistant Registrar, Firms, Society and Chits. This decision taken by the Regional Level Committee was communicated by the Joint Director of Education by the letter dated 22nd May, 2010.

(3.) In the decision taken on 31st July, 2010, pursuant to the interim order dated 28th June, 2010 passed in Writ Petition No. 36907 of 2010 that was filed to assail the aforesaid decision taken by the Regional Level Committee on 29th April, 2010, the Regional Level Committee approved the election of the Committee of Management of the Institution held on 29th August, 2008 in which Jai Prakash Pandey was elected as the Manager till the said Writ Petition was decided or the term of the Committee of Management of the Institution came to an end, whichever was earlier. This decision taken by the Regional Level Committee was communicated by the Joint Director of Education by the letter dated 28th August, 2010.