COMMITTEE OF MANAGEMENT ADARSH INTER COLLEGE HANDIA MITTOOPUR AZAMGARH Vs. JOINT DIRECTOR OF EDUCATION AZAMGARH

JUDGEMENT

(1.) -Heard Sri R. N. Singh no behalf of the Committee of Management, Sri R. C. Singh on behalf of respondent No. 5 and standing counsel on behalf of other respondents.

(2.) ADARSH Inter College, Handia Mittoopur, Azamgarh is an institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with an approved scheme of administration. Petitioner Committee of Management through its alleged Manager Sri Jitendra Kumar Jaiswal has filed this writ petition against the order passed by the Regional Joint Director of Education dated 3rd January, 2004. By means of the said order, the Regional Joint Director of Education has held that the elections set up by the petitioner dated 17.11.2002 cannot be recognized and therefore he has appointed a Prabandh Sanchalak in the institution for getting fresh elections of the Committee of Management held.

(3.) ON behalf of the petitioner it is submitted that the said order is a non-speaking order as no reasons have been assigned nor any clauses of the scheme of administration, which are said to have been violated, have been mentioned in the said order for the purposes of declaring the elections dated 17.11.2002 as illegal. According to petitioner the Regional Joint Director of Education has failed to take into consideration the provisions of the scheme of administration specifically clause providing for the term of the Committee of Management, while passing the impugned order. Lastly it is contended that in any view of the matter there is no provision under the scheme of administration for appointment of Prabandh Sanchalak, even if the elections are not held within time. Therefore, the order passed by the Regional Joint Director of Education appointing Prabandh Sanchalak is, as such, wholly without jurisdiction