COMMITTEE OF MANAGEMENT, SHAHID MANGAL PANDEY INTER COLLEGE, NAGWA, DISTRICT BALLIA AND OTHERS Vs. STATE OF U. P. AND OTHERS

JUDGEMENT

(1.) Heard Sri P. N. Saxena for the petitioner and Sri R. N Pandey for the respondent No. 6 and Standing Counsel appearing for respondents No. 1, 2 and 4. Sri Manager Singh arrayed as respondent No. 5 is reported to have died. The dispute being in respect of an office the cause of action in so far as 5th respondent is concerned does not survive.

(2.) The writ petition is directed against the order dated 19-6-1993 passed by Deputy Director of Education, Varanasi. By means of the said order the Deputy Director of Education has recognised none of the rival committees of management and appointed Sri Ram Adhar Rai, Associate Inspector of Schools, Ballia as Prabandh Sanchalak with a direction to him to hold the election of the Committee of Management of the College within four months in accordance with the approved Scheme of Administration. The said decision has been taken by the Deputy Director of Education in pursuance of a direction issued by this Court vide order dated 19-1-1993 thereby disposing of the two connected writ petitions No. 37594 of 1992 and 37593 of 1992. Although the Deputy Director of Education has passed the impugned order on a direction issued by this Court as aforesaid but the order may be taken to be one passed under Sec. 16-A (7) of the U. P. Intermediate Education Act, 1921.

(3.) A perusal of the order would show that the Regional Deputy Director of Education has discarded the disputed election basically on the ground that it was held in accordance with the old scheme of administration which, according to the Regional Deputy Director of Education would be deemed to have been amended pursuant to the show cause notice dated 6-2-1985. The Regional Deputy Director of Education has taken the view that since no reply was submitted in response to the show cause notice, the original Scheme of Administration approved vide letter dated 29-3-196 would be taken to have been amended.