COMMITTEE OF MANAGEMENT OF KISAN UCHCHTAR MADNYAMIK VIDYALAYA AND ANR. Vs. DEPUTY DIRECTOR OF EDUCATION, DIVISION-1 AND ORS.

JUDGEMENT

(1.) By this petition Under Article 226 of the Constitution, Petitioner No. 2 Chhatar Singh seeks relief against the order of the Deputy Director of Education, Meerut (Respondent No. 1), dated 20th of June, 1984 appointing Sri Satya Prakash Tayal, Asstt. Deputy Inspector of Schools (Respondent No, 3), as Manager of the institution known as Kisan Higher Secondary School, Barauli and authorising him to, after finalising the list of members, hold fresh elections for constituting a new Committee of Management for running the said institution.

(2.) Kisan Uchchtar Madhyamik Vidyalaya, Harauli is an educational institution recognised under the provisions of the Intermediate Education Act, 1921 (hereinafter referred to as the Act) and its affairs are to be conducted in accordance with the scheme of administration framed under the provisions of the said Act. The Scheme of Administration framed by the institution was approved by the Deputy Director of Education, Meerut on 4.9.1965. Subsequently, the same was, vide order, dt. 18th of December, 1983, amended so as to bring it in accordance with the provisions of the Act as amended by the Intermediate Education (Amendment) Act, 1980.

(3.) Petitioner Chatar Singh claims that in the normal course election of the members and the office bearers of the Managing Committee as envisaged by the duly approved Scheme of Administration took place on 19th of April, 1981 in which Sri Chandar Singh was elected as the President and the Petitioner was elected as the Manager. In the same meeting, one Sheoraj Singh was elected as Asstt. Manager. These office bearers were to, as provided by the Scheme, hold office for a period of three years or till their successors were duly elected. In the month of January, 1984, the Petitioner initiated disciplinary proceedings against the Principal of the institution and made an order placing him under suspension. The Principal of the institution then addressed a letter to the District Inspector of Schools on 2nd of February, 1984 contending that the order placing him under suspension had been made by persons, who claimed to be members of a Managing Committee which had no legal existence and that he continued to be the Principal of the institution. along with the aforesaid letter the principal also submitted a list of persons who, according to him, were the members and office bearers of the Committee of Management entitled to function as such. The District Inspector of Schools, vide his order, dated 25th of February, 1984, recognised Sri Udal Singh (Respondent No. 4) as Manager of the institution.