COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a writ petition has been filed by the petitioners challenging the orders dated 3.4.2012 and 18.8.2012 passed by the Joint Director of Education, Azamgarh Region, Azamgarh and the order dated 22.8.2012 passed by the District Inspector of Schools, Azamgarh. There is an Intermediate College known as D.A.V. Inter College. Azamgarh which is duly recognised and an aided Institution and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries to Teachers and Employees Act), 1971 (hereinafter referred to as the Act, 1971). The Institution is administrated under the Scheme of Administration in terms of the provisions of Section 16A of the Act, 1971. There is a Committee of Management of the Institution and the term of the Committee as per its Bye -Laws was one year after which elections were required to be held and which was later on amended to three years by the order of the Joint Direction of Education dated 17.3.1998. Clause 6 of the Scheme of Administration provides that there would be total 18 members in the Committee of Management, out of which 15 would be elected by the general body of the Arya Vidya Sabha and the remaining were would be ex -officio members. Clause 8 of the Scheme of Administration initially provided that the term of the Committee would be one year which, as stated, was subsequently amended to 3 years. The Scheme of Administration was again amended and the term of the Committee of Management is five years which has also been approved by the Joint Director of Education, Azamgarh by order dated 13.10.2008. Elections have been held from time to time of the Committee of Management of the Institution. In the election held on 16.7.1995, the petitioner No. 2 was elected as the Manager. Approval was also granted by the D.I.O.S., Azamgarh on 9.8.1995. The term of the Committee then being one year elections were held on 3.11.1996 in which the petitioner No. 2 was elected as Manager and approval was also granted and signatures attested on 7.11.1996 by the D.I.O.S., Azamgarh.

(2.) ON 10.2.1997, an order was passed by the Regional Deputy Director of Education (Secondary). Azamgarh which referred to a Management dispute having come into existence on account of a rival claim set up and accordingly the D.I.O.S., Azamgarh was appointed as Prabandh Sanchalak. The petitioners challenged the said order by filing writ petition No. 6457 of 1997, which was disposed of by a learned single Judge of this Court by judgment dated 26.2.1997 directing the parties to appear before the Deputy Director of Education (Secondary), Azamgarh on 10.3.1997 and it was further directed that till the decision of the Deputy Director of Education, the petitioners' Committee of Management would continue to function as such.

(3.) AGGRIEVED , the petitioners challenged the order dated 6.6.1997 by filing Writ Petition No. 20281 of 1997, in which notices were issued by the Court on 17.6.1997 and till the next date of listing the order dated 6.6.1997 passed by the Regional Deputy Director of Education was stayed. In pursuance of the stay order the petitioners' Committee of Management continued to function. Sometime, in 1996, the Committee of Management had also submitted a proposal for amending the Scheme of Administration raising the term from one year to three years which was approved by the Joint Director Education, Azamgarh by the order dated 17.3.1998. Accordingly, fresh elections of the Committee of Management were held on 31.10.1999, in which the petitioner No. 2 was again elected as Manager. The Election was also approved by the D.I.O.S., Azamgarh by his order dated 30.5.2000. Thereafter, elections were held on 3.11.2002 in which again the petitioner No. 2 was elected as Manager.