COMMITTEE OF MANAGEMENT OF SRI BALA PRASAD KUSHWABA INTER COLLEGE AND ORS. Vs. THE DEPUTY DIRECTOR OF EDUCATION IV REGION AND ORS.

JUDGEMENT

(1.) Sri Bala Prasad Kushwaha Intermediate College, Balrampur District Allahabad is a recognized Institution governed by the provisions of the Intermediate Education Act, 1921. It is run by a Society called " Mata Dayal Educational Society, Balrampur, Barethi Allahabad. " The management of the college vests in a Committee of Management elected by the general body of the aforesaid Society. Two rival groups -one represented by the Petitioner and the other by the Respondent No. 3 claimed to be in effective control of the management of the Institution. By the impugned order dated 21st June, 1985 the Deputy Director Education IV Region, Allahabad has held that the Committee of Management of which Sri Ram Sumer Singh (the Respondent No. 3) is the Manager, is in actual control of the Management and affairs of the Institution. The order has been passed Under Sec. 16A(7) of the Intermediate Education Act.

(2.) Briefly stated the Petitioner's case is that one Sri Avinash Chandra was the President of the Society. He had not convened any meeting of the Society for the election of the new Committee of Management for a long time. Sri Brij Basi Lai was as a result continuing as the Manager of the Institution since 1967. Consequently Har Prasad and nine other persons alleged to be the members of the Society sent a notice to the President Sri Avinash Chandra on 20th June, 1983 for convening a meeting of the Society for electing a Committee of Management, which was long over due, as well as for electing the office bearers thereof. Avinash Chandra, however, did not convene any meeting. Consequently a meeting of the general body of the Society was convened by the aforesaid ten persons on 3rd July, 1983 at which a new Committee of Management was elected which, in its turn, on the same date elected its office bearers with Sri Manik Chandra Singh (Petitioner No. 3) as the President and Sri Tej Bahadur Singh (the petitioner No. 2) as the Manager oi the Institution. The new office bearers found that the registration oi the Society which. v as initial v registered on 1947 had lapsed and their predecessors had not cared to have the same renewed. Accordingly Sri Tej Bahadur Singh applied for the renewal of registration on 26.9.83 which was rejected on some technical ground. Thereafter he applied for fresh registration which was "ranted on 28.11.83. On 26.12.1983 Sii Tej Bahadur Singh applied to the District Inspector of Schools for attestation of his signatures when he was informed that the District Inspector of Schools had already attested the signatures of Sri Ram Sumer Singh on 1.11.1983 treating him as the validly Reeled Manager of the Institution. The Petitioners, therefore, filed objections as a result of which the District Inspector of Schools directed that the salary account of the Institution shall be operated by him singly and by another order dated 15.2.1984 he referred the dispute between the two rival groups to the Deputy Director Education (IV) Region Allahabad.

(3.) The Deputy Director Education purporting to exercise powers Under Sec. 16A(7) which provides that whenever there is a dispute with respect to the management of an Institution, persons found by the Deputy Director of Education upon such inquiry as he deems fit to be in actual control of its affairs may for purposes of this Act be recognized to constitute the Committee of Management of such Institution until a court of competent jurisdiction directs otherwise, invited the two rival committees to give their versions in writing. The parties were also invited to file relevant documents and records in support of their respective claims. On a consideration of the entire evidence on record the Deputy Director Education held by the impugned order that the Committee of Management which was elected on 28.10.1982 with Sri Ram Sumer Singh as the Manager, and Sri Avinash Chandra as the President, was in effective control of the affairs of the Institution.