MAJOR ASHARAM INTER COLLEGE, Vs. REGIONAL COMMITTEE

JUDGEMENT

(1.) THE petitioners have preferred this writ petition for quashing the orders dated 03.07.2010 and 29.01.2011, passed by respondent nos. 2 and 1, whereby the membership of 150 newly enrolled members have been rejected by the Regional Level Committee and a direction has been issued for holding a fresh election.

(2.) THE brief facts of the case are that Major Asharam Inter College, Ganeshpur, Meerut (for short, "the institution"), is a recognized institution, which receives aid out of State fund and thus the provisions of U.P. Intermediate Education Act, 1921 and the U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees Act, 1971), are applicable to the institution. The institution is run by the Committee of Management in accordance with the approved scheme of administration under Section 16 -A of Intermediate Education Act. The last undisputed election of Committee of Management of the Institution was held on 17.06.2005. The term of the Committee of Management is five years. In the said election, one Sri Riksh Pal Singh was elected as President and the petitioner no. 2 - Sri Kure Singh was elected as Manager of the institution. Said election was recognized by the D.I.O.S. Meerut on 27.12.2005. It is stated that on 25.06.2007 a resolution was passed by the General Body of the Committee of Management of the institution to enroll fresh members in the General Body. It is averred in the writ petition that in pursuance of the said resolution, requisite membership fees from 50 persons for life members and from 100 members for ordinary members were collected and the same was deposited in the bank account of the institution. It is stated that after acceptance of membership of newly enrolled members in the meeting of Committee of Management held on 29.05.2009, a meeting of General Body was held on 28.06.2009, wherein newly enrolled members were accepted as members of the institution. Subsequently, a fresh election was held on 14.06.2010, wherein the newly enrolled 150 members were also allowed to participate. It is stated that the said election was held in terms of the scheme of administration and the Election Officer was appointed by the District Inspector of School, Meerut. However, some objections were filed before the D.I.O.S in respect of electoral college and the election held on the basis thereof. The D.I.O.S disapproved the said election on 03.07.2010, on the ground of enrollment of 150 new members in the General Body and their participation in the said election. A copy of the order of dated 03.07.2010 has been brought on the record as Annexure -23 to the writ petition.

(3.) AGGRIEVED by the said order of D.I.O.S, the petitioners preferred a writ petition being Writ - C No. 41608 of 2010 (C/M Major Asharam Inter College, Ganeshpur and Anr. Vs. D.I.O.S and Ors.), which was disposed of by this Court on 20.07.2010 with a direction to the Regional Level Committee to consider the matter afresh as the D.I.O.S has no jurisdiction to adjudicate the matter. In compliance of this court's order dated 20th July, 2010, the Regional Level Committee, after affording opportunity to all the concerned parties, has passed the impugned order dated 29.01.2011, whereby it found that newly enrolled members were not valid members as the procedures provided in the scheme administration have not been followed. Against this background, the petitioners have filed this writ petition.