ANAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) PETITIONERS are the President and Manager of the Committee of' Management of Shri Radha Krishna Intermediate College, Usfar, Mathura. They have challenged the order dated 22 -11 -1990 passed by District Inspector of Schools, Mathura (hereinafter referred to as D.I.O.S.) removing the petitioners from the office of the President and the Manager of the College, appointing Sri Hari Datta Upadhyay to act as President and Manager of the College and to hold the election of the Committee of Management within three months and suspending the joint operation of the College Accounts. D.I.O.S. and respondent No. 4 have filed counter affidavits. Petitioners have filed rejoinder -affidavits in reply thereto. I have heard learned counsel for the parties.

(2.) THE impugned order cannot be sustained. Neither the Intermediate Education Act nor the Regulation framed thereunder give any power to the D.I.O.S. to remove the office bearers of a Committee of Management and to appoint somebody else to officiate/act in their places.

(3.) ABOVE provision does not lend any support to the respondents' case. Under that clause the dispute relating to the election of the office bearers, other than the President, and the members of the Committee of Management is liable to be referred to and be decided by the President of the Committee of Management but the dispute pertaining to an election of the President is required to be referred to the District Inspector of Schools whose decision has been made final. The said clause covers only a dispute relating to the election. It does not give any power to the D.I.O.S. to remove any office bearers if there is no dispute raised regarding their election.