COMMITTEE OF MANAGEMENT NEHRU SMARAK Vs. SURJAN SINGH

JUDGEMENT

(1.) Heard Sri P.N. Saxena, Senior Advocate, assisted by Sri K.P. Shukla on behalf of the petitioner, Sri P.K. Jain on behalf of the respondents Nos. 1, 2 and 3 as well as learned Standing Counsel on behalf of the respondent Nos. 4, 5 and 6.

(2.) The Committee of Management through its Manager Sri Rajendra Singh Chauhan has filed this writ petition against an order passed by the Regional Joint Director of Education dated 13th August, 2003, whereby the Regional Joint Director of Education has held that the elections set up by the Committee of Management with Sri Surjan Singh as Manager dated 7.7.2002 were legal and valid and as such he is being recognized as the Manager, while the elections set up by the petitioner with Sri Rajendra Singh Chauhan as Manager dated 3.7.2002 are not legally acceptable.

(3.) On behalf of the petitioner it is contended that the - Committee of Management with Sri Rajendra Singh Chauhan as Manager has been in control of the Institution since 1985 and all the successive elections held by the Committee of Management were being recognized. It is further stated that out going Committee of Management had held elections dated 3rd July, 2002, in which Sri Rajendra Singh Chauhan was elected as the Manager. The out going Committee alone has jurisdiction to hold fresh elections of the Committee of Management. It is further submitted that in view of the Government Order dated 19th December, 2000, the dispute with regards to rival sets of elections pleaded by the parties should be adjudicated upon by the Regional Level Committee with the Regional Joint Director of Education as the Chairman. The said Regional Level Committee comprises of three persons (1) Regional Joint Director of Education; (2) Joint Director of Education and (3) District Inspector of Schools. Since the rival elections have not been placed before the Regional Level Committee and the Joint Director of Education alone passed the order impugned, the order impugned is without jurisdiction.