COMMITTEE OF MANAGEMENT, DAYANAND UCHCHTAR MADHYAMIK VIDYALAYA AND ANR Vs. DEPUTY DIRECTOR OF EDUCATION AND ORS

JUDGEMENT

(1.) Dayanand Uchchtar Madhyamik Vidyalaya Thana, Dariyaoganj, district Etah is an Intermediate college (hereinafter referred to as the college), which is recognised by the Board of High School and Intermediate Education, U.P., Allahabad. In 1980 an Authorised Controller was appointed for the college, who. after the expiry of his term, handed over the charge of the college to Sri Satyadeo Gupta, Respondent No. 3 On 15-7-1984 another Committee of Management of which Sri Mahraj Singh was the Manager, staked claim as validity elected Committee of Management. The District Inspector of Schools (hereinafter referred to as the D.I.O.S ) recognised this Committee of Management and attested the signatures of Sri Mahraj Singh as Manager. The Respondent No. 3 filed a writ petition No. 13395 of 1984 before this Court against the above order in which this Court granted slay order with the result that the Respondent no 3 continues to work as the Manager of the college.

(2.) In 1987 both the factions, led by the Petitioner and the Respondent No. 3, raised rival claims about the election of the Committee of Management of the college According to the Respondent No. 3, the election of the Commit tee of Management of which he is the manager was held on 16-4-1987 and information to that effect was given by him on 24-4 19-1987 to the D I O S. for recognition of this Committee Before the D.I.O.S. could take any decision of the aforesaid letter dated 24-4-1987 sent by Respondent No. 3, the Petitioner submitted papers alongwith letter dated 23-5-1987 before the D I OS for recognition of his Committee of Management alleged to have been elected on 15-7-7937. The D.I.O.S. after notice to the parties by his order dated 28-7-1987 rejected the claim of the Respondent No. 3 and by his subsequent order dated 26-8-1987 recognised the Committee of Management of which thy Petitioner was the manager and attested the signatures of the Petitioners as Manager. Against this order dated 26-8-1987 the Respondent No. 3 filed writ petition No. 17369 of 1987 which was disposed of by this Court on 6-10-88, directing the D.I.O.S. to refer the dispute under Section 16A(7) of the Act to the Deputy Director of Education. The D.I.O. S. accordingly referred the dispute raised by rival Committees of Management to the Deputy Director of Education, who by his order dated 13-12-1989 held that neither faction of the management. has held the election and accordingly directed the D I O S for holding fresh election of the Committee of management of the college Against this order writ petition No. 1901 of 1990 was filed by the Petitioner aid another writ petition was tiled by the Respondent No. 3 against the same order Both there writ petitions were allowed by this Court on 9-1-1990 and the matter was remanded to the Deputy Director of Education to decide the dispute afresh in accordance with the observation contained in that judgment. The Deputy Director thereafter by his order dated 6 7-l990 decided in favour of the Respondent No. 3 against: which the Petitioner has tiled this writ petition.

(3.) The parties have exchanged affidavits and I have heard the learned Counsel for the parties