COMMITTEE OF MANAGEMENT BRIGADIER HOSHIAR SINGH MEMORIAL UCHCHATAR MADHYAMIK VIDYALAYA Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) SINCE the dispute in both the cases relates to the election of the same Institution and by order dated 9-7 93, both the petitions were connected and directed to he heard together, hence I proceed to consider and note the facts of the writ petition no 14962 of 1990 (referred to as the Ist writ petition).

(2.) THE undisputed facts stated in the 1st writ petition are that last elections the committee of management of the aforesaid institution was held on 27- 7- 86. THE Committee constituted of Sri Ved Prakash Sharma and Sri Babu Singh as President and Manager thereof respectively. THE scheme of administration provides that the elected committee of management would hold office for three years. THE fresh election for the committee of management is to be held within one month after three years of the approved constituted committee of management. THE petitioner stated that the tenure of the elected office bearers of the committee of management elected in 1986 was to expire on 26-7-89. THE petitioner submitted that for various reasons, the election of the committee of management of the institution could not take place within the specified period of three years one month. However, it is said that the elected office bearers of the committee of management continued to function as legal committee of management even after 27-7-86.

(3.) THE petitioners claim to have the elections conducted as per programme on 25-3-90 and the committee of management was duly constituted with Sri Braham Singh and Sri Babu Singh, petitioner as President and Manager, respectively. THE papers were forwarded to the D.I.O.S. for approval of the elected office bearers. THE Dy. Director of Education vide letter dated 13-2-90 directed the D.I.O.S. to secutinise the material before it regarding the election and the continuation of the committee of management as submitted by the petitioners on she basis of the election held on 25-3-90 A representation was made by the petitioner on 16-4-90 to the Dy. Director of Education about the approval of the elected office bearers but the D.I.O.S. in the mean time passed orders dated 24-4-90 exercising his powers under Section 5 (1) of the U. P. High School and Intermediate College (Payment of Salary to Teachers and other Employees) Act, 1971. THE petitioners said that the action of the D.I.O.S. was nothing but creating obstrucle in the smooth functiong of the committee of management of the petitioner. THE petitioner in the first writ petition prayed for issuing a writ of certiorari quashing the order dated 28-5-90 (Annexure 10) by which Prabandh . Sanchalak was appointed by the Dy. Director of Education with a direction that the Prabandh Sanchalak shall get the election conducted within three months.