COMMITTEE OF MANAGEMENT OF SUBHASH UCHCHTAR MADHYAMIK VIDYALAYA Vs. DEPUTY DIRECTOR OF EDUCATION MEERUT REGION

JUDGEMENT

(1.) BY an order dated September 18, 1984 the Deputy Director of Education Meerut took the view that the election said to have been held by the rival claimants to the Committee of Management in respect of the Committee of Management of Subhash Uchchtar Madhyamik Vidyalya Rajpura (Mowana) Road, Meerut in the year 1984, was invalid for several reasons as mentioned in the order. He purported to appoint the Associate District Inspector of Schools, Meerut as Administrator for holding fresh election in addition to his enjoying the powers of the Committee of Management. This, according to the Deputy Director of Education, was being directed by him in exercise of powers contained in clause 7 of the Scheme of Administration of the institution. The present petitioner claimed that the election was duly held on June 19, 1984 after complying with all the legal formalities. Sri Ziley Singh, the third respondent claimed that the Committee of Management of which he was the Manager was the duly constituted committee of Management. This too was, however, not accepted by the Deputy Director of Education.

(2.) THE Committee of Management of which the second petitioner claims to be the Manager, assailed the order of the Deputy Director of Education in the present petition, and the principal argument of Sri S. S. Bhatnagar, who has appeared before us for the petitioners, has been that the Deputy Director of Education, has exceeded his jurisdiction both under clause 7 of the Scheme of Administration and section 16-A (7) of the Intermediate Education Act in passing the impugned order. THE learned Standing counsel has filed a counter affidavit on behalf of the Deputy Director of Education, Sri Ziley Singh, the third respondent, has also appeared through Sri P. K. Jain and has filed a counter affidavit. As jointly prayed by the counsel for the parties we are disposing of the matter today finally.