ASHOK KUMAR SHARMA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Brief background of the case, giving rise to instant writ petitions is that in the district of Gautambudh Nagar, there is a society which runs an institution known as Chaudhary Laxmi Narain Inter College, Mandi, Shyamnagar, District Gautambudh Nagar. The said institution is duly recognized under the provisions as contained under U.P. Intermediate Education Act, 1921, and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971 are fully applicable to the said institution. Petitioners submit that election of the Committee of Management of the said institution was held on 30.9.1990, wherein Vishnu Dutta Sharma was elected as Manager and Thakur Singh Rawat as President. The said election was approved by the District Inspector of Schools on 6.10.1990. Said order was recalled by District Inspector of Schools on 16.10.1990. Against this order, Vishnu Dutta Sharma represented the matter before Deputy Director of Education, who issued an order dated 15.1.1993, appointing Prabandh Sanchalak and holding fresh election within three months. Thereafter, Deputy Director of Education withdrew order dated 15.1.1993 by means of order dated 11.6.1993, Ved Prakash Sharma challenged the same in Writ Petition No. 25035 of 1993. Ramesh Kumar Chaudhary filed Writ Petition No. 28290 of 1993 for compliance of order dated 11.6.1993. Thereafter, Deputy Director of Education revived the order of appointment of Prabandh Sanchalak, which has also been subject matter of challenge in Writ Petition No. 34955 of 1994. All the three writ petitions were finally decided on 26.9.1995 and election of petitioner's Committee of Management was held to be valid. Against the said order Special Appeal No. 962 of 1995 had been preferred, which too was dismissed on 30.6.1996 by mentioning that dispute in question had become infructuous, as fresh elections had been held, and it was left open to the appellants to challenge the same as was permissible under law. Prior to decision in Special Appeal elections had been held on 16.6.1996, and the same was accorded approval on 27.6.1996. The said election was subject matter of challenge in suit No. 680 of 1996 filed by the brother of Ramesh Kukmar Chaudhary In the said suit an application for ad-interim injunction was moved, but no injunction was granted. Again fresh elections arc claimed to be held on 26.7.1998, wherein Ved Pakash was elected as President and Ashok Kumar Sharing was elected as Manager. The said election was approved by the District Inspector of Schools on 31.8.1998. Thereafter resolution was passed for extending the term of the Committee of Management and the said resolution was duly accepted by the Joint Director of Education of extending he term of the Committee of Management from 3 to 5 years by means of communication dated 10.2.1999. While petitioners had been discharging their duties, order dated 29.7.1999 had been passed directing single operation of the account. This order had been subject matter of challenge in Writ Petition No. 32277 of 1999, and this Court on presentation of writ petition stayed the operation of the order. Joint Director of Education on 1.10.1999 addressed a letter to the District Inspector of Schools, Gautambudh Nagar that the dispute which had been referred by him for making reference under Section 16-A(7) of the Act was not legally maintainable, and further there was nothing to reflect that the Committee of Management of the institution had become time barred. Dispute in respect to illegal appointment had been going on, in the meantime District Inspector of Schools vide its order dated 20.11.1999 declared election of petitioner and appointments made to be invalid. Joint Director of Education also passed order dated 29.2.2000, deciding election dispute ex parte. All these actions were subject matter of-challenge, before this Court, and Bunch of writ petitions were finally decided on 7.4.2000 [judgment reported in 2000(2) E.S.C. 1077, Vijay Kumar v. District Inspector of Schools]. Pursuant to said judgment Joint Director of Education passed order dated 19.7.2000. Said order was again subject matter of challenge in Civil Misc. Writ Petition No. 41102 of 2000, wherein on 13.9.2000 interim order was passed with the condition that Authorised Controller be appointed in the institution. Pursuant to this order Authorized Controller had been appointed and discharging duties and functions of the Committee of Management. The said order was quashed by this Court on 8.8.2003, and matter had been remitted back for fresh adjudication in between, petitioners claim fresh elections being held on 25.7.2003 and for according recognition to the said elections, Writ Petition 46491 of 2003 has been filed before this Court. Joint Director of Education has re-decided the matter by order impugned dated 20.11.2003 disapproving the election dated 25.7.2003 and determining the electoral college, on the basis of which fresh elections are to be held.

(2.) To this counter-affidavit, rejoinder affidavit has been filed, an therein statement of fact mentioned in the counter-affidavit has been sought to be rebutted and that of writ petition has been reiterated.

(3.) After counter and rejoinder affidavits have been exchanged, matter has been taken up for final disposal with the consent of the parties.