ISLAMIA INTER COLLEGE Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioners have filed this writ petition aggrieved by the order of the District Inspector of Schools dated 30 December 2013, whereby he has passed an order of single operation under Section 5(2) of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971). This writ petition is in respect of the educational Institution namely Islamiya Inter College, which has been founded by the petitioner no.2.

(2.) BRIEFLY stated facts of this case are; last election of Committee of Management of Islamia Inter College, Firozabad (for short, "the Institution") was held on 27.01.2008 wherein Gulab Navi -petitioner no. 2 in the instant writ petition was elected as Manager and one Mohd. Ubedulla was elected as President. The signatures of the petitioner no. 2 was attested by the District Inspector of Schools (for short, "the DIOS") vide order dated 19 January 2009. The term of the office bearers of the Committee of Management is three years. The fresh election was held on 19 December 2010. The petitioner no. 2 was again elected as a Manager and Mohd. Ubedulla was elected as President. After the election the papers were forwarded to the DIOS for the recognition of Committee of Management. The DIOS sent the matter to the Regional Level Committee for consideration of recognition but in the meantime on 04 March 2011 he passed an order of single operation.

(3.) DISSATISFIED with the order of the learned Single Judge dated 10 March 2011 the petitioners preferred a Special Appeal No. 420 of 2011. The said special appeal was allowed on 17 March 2011 and the order of learned Single Judge was modified setting aside the order of single operation. The Division Bench was of the view that the Scheme of Administration specifically provides that the erstwhile office bearers and members of the Committee of Management were entitled to continue till their successors are chosen, therefore, the office bearers of the Committee of Management were held to be entitled to continue and manage the affairs of the College. The Division Bench maintained the direction of the learned Single Judge, whereby He had directed the Regional Level Committee to decide the managerial dispute within certain time.