COMMITTEE OF MANAGEMENT PANDIT JAWAHARLAL NEHRU INTER COLLEGE Vs. DEPUTY DIRECTOR OF EDUCATION GORAKHPUR REGION

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order of tbe Dy. Director of Education dated 10-9-1992 (Annexure-13 to the writ petition) which has been passed under section 16-A (7) of the U. P. Intermediate Education Act. By the said order the Deputy Director of Education has held that the alleged election held on 12-11-1989 was not valid The question arises whether the validity of an election can be decided under section 16-A (7) of U. P. Intermediate Education Act, hereinafter referred to as the Act

(2.) IN Jaswant Singh v. District INspector of Schools, 1990 ALJ 174, a Division Bench of this Court held that where there is a dispute between rival committee of management, each of which claims to have been validly elected, It is for the civil court to decide the controversy. However, since the duties of the District INspector of Schools under the U. P. INtermediate Education Act and the Payment of Salaries Act cannot be discharged unless he finds out on an administrative leval as to who are the valid office bearers of the Committee of Management, the District INspector of Schools may make a summary enquiry for this purpose and give a determination, which will be subject to the decision of the civil court.

(3.) IN S. P. Srivastava v District INspector of Schools, 1985 (1) UP LB EC 751, a Division Bench held that the question as to who was validly elected can prima facie be gone into by the Deputy Director of Education under section 16-A (7) of the Act IN Committee of Management v. Deputy Director of Education, 1988 (1) UP LB EG 241, it was held that the Deputy Director of Education cannot go info the question of election except incidentally. IN my opinion, these decisions do not lay down the correct law. To say that the Deputy Director of Education can decide the question about the election incidentally will only lead to confusion as to what is incidental and what is not. The correct legal position, in my opinion, is that the Deputy Director of Education cannot go into the question of validity of the election at all, not even incidentally. The correct view, even after the insertion of section 16-A (7), is as laid down in Jaswant Singh's case (supra).