COMMITTEE OF MANAGEMENT RASHTRIYA MADHYAMIK VIDYALAYA Vs. JOINT DIRECTOR OF EDUCATION MADHYAMIK VTH REGION

JUDGEMENT

(1.) By means of present writ petition, petitioner who claims themselves to be validly elected Committee of Management of the Institution alongwith two other, have filed the present writ petition for quashing the order dated 28.6.2002 (Annexure-20 to the writ petition) passed by the Joint Director of Education (Madhyamik), Vth Region, Varanasi accepting the election of the respondent No. 3 Committee of Management of the Institution.

(2.) In District of Chandauli there is a Society known as Rashtriya Madhyamik Vidyalaya, Rampur Syed Raza, which was duly registered on 12.8.1965 as per the provision contained under Societies Registration Act, 1860. Petitioners No. 2 and 3 claim themselves to be the founder life members of the Society. The aforementioned Society had established a Junior High School known as Rashtriya Madhyamik Vidyalaya, Rampur Syed Raza, District Chandauli and the aforementioned institution upto Junior High School, is being receiving grant-in-aid from the State Government, and was within the scope and purview of the U.P. Junior High School (Payment of Salaries to the Teachers and other Employee) Act, 1978. The Managing Committee constituted as per bye-laws of the Society continued to run and manage the affairs of the institution and dispute was sought to be raised as far as back in the year 1992. The Assistant Registrar, Firms, Society and Chits referred the aforementioned dispute to Prescribed Authority for . decision in terms of Section 25(1) of the Societies Registration Act, 1860. The referred dispute was not adjudicated and fresh elections were again held and again fresh dispute was referred on 15.10.1985 before the Prescribed Authority by the . Assistant Registrar, Firms, Society and Chits, but even this time the aforementioned dispute was not adjudicated and the Managing Committee continued to perform and discharge his duties to manage the affairs of the Society in the Institution. On account of pendency of the dispute, order of single operation was passed and the aforementioned order continue till 27.5.1997 and thereafter, the Deputy Director of Education, Vth Region, Varanasi appointed Prabandh Sanchalak in the Institution with farther direction to hold the election within a period of one year from taking over the charge. The aforementioned Prabandh Sanchalak proceeded with enrollment of the members and thereafter, hold the election dated 31.8.1998 and aforementioned election was objected to by the petitioners by moving details representation dated 15.12.1998. The Scheme of Administration on institution being upgraded has been approved on 25.1.2000 and necessary communication in this regard has been sent by the Joint Director of Education on 4.2.2000. The election dated 31.8.1998 were questioned before the Assistant Registrar, Firms, Society and Chits and further District Basic Education Officer was also informed accordingly, in regard to illegal aforementioned election and thereafter District Basic Education Officer passed order of single operation.

(3.) However, the aforementioned order of single operation was recalled against which Civil Misc. Writ Petition No. 20491 of 2001 was filed before this Court and this Court passed interim order in the same and consequently the respondent No. 3 did not operate the account of the institution. Thereafter, fresh elections have been held on 31.8.2001, wherein contesting respondent No. 3 again alleges himself to have been re-elected and the petitioners also allege fresh election thereafter, the District Inspector of Schools attested the signature of respondent No. 3 and referred the matter to Joint Director of Education for decision. The order passed by the District Inspector of Schools attesting signature of respondent No. 3 was questioned by preferring Writ Petition No. 42955 of 2001 and on presentation of the aforementioned writ petition, this Court on 19.12.2001 directed the Joint Director of Education to decide the dispute after hearing all necessary parties. Pursuant to aforementioned judgment, the Joint Director of Education proceed ahead to decide the dispute and has passed order dated 28.6.2002, which is subject-matter challenged in the writ petition.