COMMITTED OF MANAGEMENT MAHARAJA AGRASEN INTER COLLEGE DEORIA Vs. REGIONAL DY DIRECTOR OF EDUCATION GORAKHPUR

JUDGEMENT

(1.) R. H. Zaidi, J. By means of the present petition under Article 226 of the Constitution of India, petitioners pray for issuance of a writ of certiorari quashing the orders dated 2-2-1993 and 18-2 1993 passed by res pondent No. 1, Regional Dy. Director of Education, VII Region, Gorakh pur and further for a writ of mandamus commanding respondents No. 1 to 3 to restrain the respondents No. 4 and 3 from managing the affairs of the Colleges and hold the election of office bearers and members of the Com mittee of Management of Maharaja Agrasen Inter College, hereinafter referred to as 'inter College' and Maharaja Agrasen Girls inter College hereinafter referred to as Girls College, on the basis of 37 members of the general body of the Society.

(2.) THE relevant facts giving rise of the present petition, are that there is a Society known as Sri Marwari Vidyalaya Soceity, Deoria for short Society which runs two educational Institutions known as Maharaja Agrasen Inter College and Maharaja Agrasen Girls Inter College at Deoria. Both the Institutions have got separate Schemes of Administration. Admit tedly, the term of the Committee of Management is three years. THE general body of the Committee is the same.

(3.) THE Regional Dy. Director of Education in compliance of the directions issued by this court, vide order dated 2-2-1993 decided the dispute whereby the claim of respondents No. 4 and 5 was upheld. It was held that the election held on 20-3-1992 was valid and election held on 23-2-1992 is invalid. Vide order dated 18-2-1993, it was held that since in the meeting held on 20-3-IS92, Sri Ram Prasad Goel was validly elected as Secretary/manager of the College. THE Authorised Controller was conse quently withdrawn and said Manager was permitted to function. Accord ing to the case set up by the petitioners, the election held on 23-2-1992 was valid as the same was held on the basis of 37 valid members and the election held on 20-3-1/92 was invalid. THE view taken to the contrary by the Regional Dy. Director of Education is manifestly erroneous and illegal. It has been contended that this court vide judgment and order dated 13-5-1992 set aside the election held on 23-2-1992 and directed the Dy. Director of Education to appoint Authorised Controller for holding the election with the help of 37 members. THE special appeals filed against the said judgment was confined to the dispute relating to Maharaja Agrasea Inter College and the judgment and order passed by learned Single Judge with respect to the Girls College become final. THE Dy. Director of Education had no jurisdiction to record the finding contrary to the findings recorded by the learned Single Judge and to uphold the claim of res pondents.