HAJI NIZAMUDDIN Vs. DISTRICT INSPECTOR OF SCHOOLS BIJNOR

JUDGEMENT

(1.) JANARDAN Sahai, J. The writ petition has been filed by 21 petitioners claiming to be life members of the general body of Hafiz Mohd. Ibrahim Inter College, Nehtaur, Bijnore an institution governed by the U. P. Intermediate Education Act. The petitioners have challenged the order of the District Inspector of Schools dated 2-1- 2004 by which the District Inspector of Schools has held that the petitioners are not life members and their names cannot be included in the list of members of the general body. The petitioners' case is that they deposited life membership fee through bank draft which was accepted by the manager and that they were admitted to membership and a list containing the names of the petitioners as members was issued by the Manager on 27-9-1995 and 5-8-1998 which was duly countersigned by the District Inspector of Schools and on that basis they participated in the earlier elections of the committee of management held on 27-9-1995 and 5-8-1998 and their names are included in the list of members.

(2.) A counter-affidavit has been filed by the District Inspector of Schools and also by the respondent No. 4 the manager. According to the stand of respondent No. 4 while the election process was going on, on 18-9-1991 some persons wanted to be enrolled as members and submitted their applications alongwith bank draft, which was kept by the Manager. No meeting of the general body or of the committee of management was ever held as the election process was already going on and there was no acceptance of their membership by the committee of management or by the general body as such these persons never became members. According to the respondents the election of the committee of management held on 6-10-1991 was not recognized and consequently an authorised Controller was appointed by the Joint Director of Education by his order dated 27-12-1991 and these 23 persons were unauthorisedly enrolled by the authorised controller who was not competent to do so. Reliance is placed upon the order passed by the Civil Judge dated 27-5-1992 in Civil Suit No. 231 of 1992 in which according to the respondent it was found that bank draft received by the Manager was not deposited in the bank. It is stated in the counter-affidavit that in the previous election held in the year 2000 these 23 members were not included in the list of members and did not participate in the elections held in 2000. A letter dated 11-12-2000 was sent by the District Inspectors of Schools to the Prabandh Sanchalak for the purpose of elections that were to be held relying upon a list of 30 members which did not include the petitioners as members of the general body. The District Inspector of Schools in his impugned order dated 2-1-2004 has found that 23 persons which include the 21 petitioners were included in the list of members issued earlier by the District Inspector of Schools on 27-9-1995 and 5-8-1998 on the basis of which elections were held in the previous years. It has also been found however that the petitioners' names were not included in the list of members on the basis of which the elections were held in the year 2000 and that the petitioners never participated in the elections held in the year 2000.