(1.) BEING aggrieved by an order dated 28.5.1990, appointing Administrator for Intermediate College, known as Brig. Hoshiar Singh Memorial Uchchatar Madhyamik Vidyalaya, Shamli, Muzaffarnagar (hereinafter referred to as the College), Committee of Management of which Sri Brahma Singh and Sri Baboo Singh were the President and Manager respectively, filed a Writ Petition No. 14962 of 1990. It appears that during the pendency of this writ petition another election of the Committee of Management was held and the District Inspector of Schools, Muzaffarnagar (hereinafter referred to as the D.I.O.S.), vide order dated 19.3.1993 recognised the Committee of Management of which Sri Brahma Singh and Sri Baboo Singh were the President and the Manager. Against this order one Sri Anil Sharma filed Writ Petition No. 23927 of 1993. Both the aforesaid writ petitions were consolidated and were heard and decided together by judgment dated 12.3.1994 by a learned Single Judge. The learned Single Judge dismissed Writ Petition No. 14962 of 1990 with cost, which was assessed at Rs. 10,000/ - (Ten Thousand) on the ground that the term of the Committee of Management, which was elected on 27.7.1986 came to an end on expiry of three years and one month and election held after the expiry of the above period was not a valid election. The other Writ Petition No. 23927 of 1993 was allowed with cost of Rs. 3,000/ - (Three Thousand) in view of the finding recorded by the learned Single Judge while disposing of the first writ petition No. 14962 of 1990. Against the above judgment of the learned Single Judge, this Special Appeal has been filed.
(2.) LEARNED counsel for the appellants has made three submissions in support of this appeal, namely, (i) the term of the Committee of Management will start only from the date of attestation of the signature of the Manager of the newly elected Committee of Management;
(3.) CONTENTION of the learned counsel for the appellants in this connection is that the decision of the Division Bench in the case of Committee of Management v. Deputy Director of Education, Vth Region, Varanasi and others (supra) cannot be applied to the instant case, because under the Scheme of Administration of the college recognition of the new Committee of Management by the D.I.O.S. is necessary. It is true that it is mentioned in the Scheme of Administration of the college that papers of the election will be submitted before the D.I.O.S. who will recognise the Committee, if he is satisfied from the perusal of the record. But the Scheme further says that the Committee so elected shall take over charge after the expiry of the term of the outgoing Committee. Taking over charge of the college by the newly elected Committee is not dependent on the recognition by the D.I.O.S. The term of the newly elected Committee begins immediately on the expiry of the outgoing Committee and if the Committee of Management is not elected before the expiry of the term of the outgoing Committee, Regional Deputy Director of Education is required by the Scheme itself to appoint an Administrator for holding election of a new Committee and till then to manage the affairs of the college. It is thus, obvious that commencement of the term of the newly elected Committee of Management does not depend on the recognition by the D.I.O.S. Recognition and attestation of the signature of the manager of the newly elected Committee is only for the purpose of payment of salary of employees of the college. The first submission of the learned counsel, as such, has got to be rejected.