COMMITTEE OF MANAGEMENT HITKARI KISAN INTER COLLEGE SAKAUTI TANDA Vs. DEPUTY DIRECTOR OF EDUCATION IST REGION

JUDGEMENT

(1.) According to both ths parties election of the committee of management of Hitkari Kisan Inter College, Sakauti Tanda, Meerut (herein-after referred to as the college) was held on 4-12-1986. It is admitted to the parties that according to the Scheme of Administration of the college the term of the committee of management was three years plus one month. The term of the committee of management so elected on 4-12-1988 came to an end on 3/4-1-1992. According to the Petitioner, before the expiry of the term, an election of the committee of management was held on 23-12 1991 in which Petitioner's committee was elected. However, according to the Respondent represented by Sri A.K. Yog, election was held on 23-12-1991 but only the respondent's committee was elected. As there was a dispute between the two rival committees of management, the District Inspector of Schools referred the matter to the Deputy Director of Education for adjudication under Section 16-A (7) of the U.P. Intermediate Education Act. The Deputy Director of Education has passed an order dated 22-2-1992 holding that the term of the earlier committee of management has come to an end on 4-1-1992 and in view of that finding, has by way of interim arrangement appointed Sri K.C. Govil. Principal, Govt. Inter College, Meerut as PRABANDH SANCHALAK for the college in question. It is this order, which has been challenged in this writ petition.

(2.) learned Counsel for the Petitioner has argued that the Deputy Director of Education has no jurisdiction to appoint Prabandh Sanchalak during the pendency of the dispute before him under Section 16-A (7) of the Intermediate Education Act and in this connection has placed reliance on a decision of learned Single Judge of this Court in the case of Committee of Management v. Deputy Director of Education,1992 1 UPLBEC 327. It has further been argued that Scheme of Administration does not authorities the Deputy Director of Education to appoint Prabandh Sanchalak during the pendency of the dispute before him under the above provisions. It is not possible to agree with the learned Counsel. A Division Bench of this Court in the case of Committee of Management v. District Inspector of Schools has held that the Deputy Director has implied power to make interim arrangement for management of the institution during the pendency of the dispute before him. Relevant extract from the said judgment is reproduced below :

(3.) Regarding the second submission of the learned Counsel, it also lacks merit. When a Court or authority has inherent and implied power to make interim arrangement, the Scheme of Administration does not have much relevance. Power to make an interim arrangement, is derived from the provisions of section 16-A (7) of the Intermediate Education Act and not from the provisions of the Scheme of Administration.