COMMITTEE OF MANAGEMENT JANTA INTER COLLEGE PURAINI PARSIA Vs. REGIONAL DEPUTY DIRECTOR OF EDUCATION VIITH REGION GORAKHPUR

JUDGEMENT

(1.) Present petition is directed against an order dated 22-9-1993 passed by the Regional Deputy Director of Education, 7th Region, Gorakhpur in exercise of powers under Section 16A(7) of the U.P. Intermediate Education Act, 1921 (In short 'the Act').

(2.) Section 16A(7) of the Act postulates that whenever there is dispute with respect to management of an institution person found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may for purposes of the Act, be recognised to constitute the Committee of Management of such Institution until a court of competent jurisdiction directs otherwise. According to the proviso to sub-section (7), the Regional Deputy Director of Education, before making an order under this sub-section is to afford a reasonable opportunity to the rival claimants to make representations in writing. The explanation appended to the sub-section aforesaid provides that for determining the question as to who is in actual control of the affairs of the Institution, the Regional Deputy Director of Education shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the scheme of administration approved under sub-section (5) and other relevant circumstances.

(3.) The question for determination before the Regional Deputy Director of Education was whether the Committee of Management allegedly constituted on 11-8-1991 or the Committee of Management said to have been constituted on 20-10-1991, was in effective control of the affairs of the Institution within the meaning of Section 16A(7) for the purposes of the said Act ? By means of the impugned order, the Regional Deputy Director Education has, for purposes of the Act, recognised the Committee of Management constituted on 11-8-1991 as against the one constituted on 20-10-1991, which has not been adjudged to be in actual control of the affairs of the Institution.