COMMITTEE OF MANAGEMENT, RASHTRIYA KANYA INTER COLLEGE, BARHALGANJ, GORAKHPUR AND ANOTHER Vs. REGIONAL INSPECTORS OF GIRLS SCHOOLS, VIITH REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) This petition is directed against an order dated 9th Sept., 1982 passed by the Regional Inspectors of Girls Schools (for short R. I. G. S.) whereby the said officer declined to recognise the Committee of Management of which petitioner No. 2 Ram Briksba Rai claims to be the Manager on the ground that the elections held by the Petitioner-Committee of Management on 12th Aug., 1982 were not conducted in accordance with Clause 8 (b) of the approved scheme of Administration of the institution namely Rashtriya Kanya Inter College, Barhalganj, District Gorakhpur.

(2.) The relevant facts are that on 10th June, 1982 an election is stated to have taken place at which Ram Briksha Rai was elected as the Manager. By letter dated 17th Aug., 1982, Ram Briksh Rai informed the R. I. G. S, to attest his signatures under the payment of salaries Act. By the impugned order the R. I. G S. declined to accept the request of the petitioners on the ground that under Clause 8 (b) of the Scheme of Administration of the institution, the Management was obliged to give prior intimation of approval to the R. I. G S. of the date fixed for holding the elections of the Committee of Management together within the list of members of the General Body. The said clause further provided that on the intimation being received by the R.I.G.S. she will appoint an observer to watch the proceedings of the elections. The Management by means of a letter dated 10th June, 1982 intimated to the R. I.G.S that fresh elections are going to be held. This letter was received on 1st July, 1982 in the office of the R.I.G.S. In this letter the Management however, did not intimate to the R.I.G.S the date on which the elections were going to be held, with the result the R.I.G.S. could not appoint an observer to watch the proceedings of the elections. In this view of the matter, the newly elected Committee of Management could not be recognised and the Management was advised to hold fresh elections in accordance with the Scheme of Administration of the Institution.

(3.) Aggrieved by the aforesaid order, the petitioner have approached this court under Art. 226 of the Constitution of India and they have prayed for the quashing of the said order.