RAM CHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE dispute in this writ petition is with regard to the extension of the term of the Committee of Management of Janta Madhyamik Vidyalaya, Khochawan, District Varanasi. The last election of the Committee of Management, which was recognized by the educational authorities, was held on 23 -6 -2000 in which the respondent No. 4 Daya Shanker Singh was elected as Manager. The petitioner also claims that another election was held on 17 -8 -2000 in which he was elected as Manager. However, the same was not recognized by the educational authorities. As such, the Committee of Management, of which respondent No. 4 was the Manager, was the only duly elected and recognized Committee of Management.

(2.) ADMITTEDLY , as per the bye -laws/scheme of administration of the society, the term of the Committee of Management was 3 years. The same was thus to expire on 22 -6 -2003. However, under the scheme of administration, in case if no fresh Committee of Management was elected, the term of the existing Committee of Management was to be extended for a period of one month, meaning thereby that at best the term of the Committee of Management under the then existing scheme of administration would be upto 22 -6 -2003 plus one month, i.e. 22 -7 -2003. However, allegedly before the said term could expire, on 27 -4 -2003, the Committee of Management passed a resolution to the effect that the term of the existing Committee of Management be extended for a period of two years. By the said resolution the Manager was required to take necessary steps and follow up action. In response thereto, after obtaining necessary comments from the District Inspector of Schools, vide his order dated 14 -7 -2003, the Joint Director of Education granted approval for the amendment to be made in the scheme of administration of the society in question, to the effect that the term of the Committee of Management was to be 5 years instead of existing period of 3 years. Aggrieved by the said order dated 14 -7 -2003 granting such approval the petitioner has filed this writ petition. A further prayer has also been made that the respondents No. 1, 2 and 3 may be directed to accord approval to the Committee of Management of the petitioner and recognize the petitioner as its Manager.

(3.) SRI G.K. Singh has pressed the first prayer alone and not the prayer for recognizing the petitioner as Manager of the Committee of Management. His submission is that under Clause 22 of the bye -laws/scheme of administration of the society, the amendment in the Bye -laws could only be made by the general body of the society with the condition that more than half of the members of the society should be present in the meeting of the general body and the amendment should be passed by atleast 2/3rd of the members present and voting. The submission of the petitioner thus is that admittedly there being no such resolution of the general body, no amendment could be said to have been passed in accordance with the bye -laws and as such the approval granted by the Joint Director of Education was bad in the eye of law. It has further been submitted that even the resolution of the Committee of Management dated 27 -4 -2003 does not speak of any amendment to be made in the bye -laws or scheme of administration with regard to the tenure of the Committee of Management. It has been urged that since, by the alleged resolution dated 27 -4 -2003, it had only been stated that the term of the existing Committee of Management be extended by 2 years, the same could not be read to mean that any amendment was sought in the bye -laws of the Committee of Management, as the resolution was only confined to the term of the existing Committee of Management alone.