COMMITTEE OF MANAGEMENT T G C HINDU SCHOOL AND J S HINDU INTER COLLEGE AMROHA MORADABAD Vs. DY DIRECTOR OF EDUCATION MORADABAD

JUDGEMENT

(1.) S. R. Singh, J. Tej Ram George Coronation Hindu School (Abbreviated as 't G. C. Hindu School) and Jagdish Saran Hindu Intermediate College (In short 'j. S. H. Intermediate College) Amroha, District Moradabad are the Institutions duly recognised under the provisions of the U. P. Intermediate Education Act, 1921 (in short the Act' ). The affairs of the two Institutions aforestated are managed by a Managing Committee constituted in accordance with the provisions of the Scheme of Administration approved under Sec tion 16-A of the Act. An order contained in the letter dated 4-9-199s (Annexure-5 to the counter affidavit) thereby recognising the Managing Com mittee which claimed its advent to election held 13-8-1995 in the meeting of the General Committee and consequential attestation of specimen signatures of Sri Radhey Raman Gupta, as its Manager by the District Inspector of Schools, are the subject-matter of impugnment, the quashing of which is sought by means of the present petition under Article 226 of the Constitution of India.

(2.) LOKENDRA Mohan, petitioner No. 2, it brooks on dispute, was the President of the Managing Committee the term of which admittedly expired in 1983 with its office bearers in harness to manage the affairs of the Institu tion by virtue of the provisions contained in the approved scheme of Adminis tration. It is not disputed that the General Committee in its meeting held on 21-7-1995, resolved to hold its meeting on 13-8-1995 for the purposes of elect ing the Managing Committee of the two Institutions. The case of the peti tioner is that the meeting of the General Committee slated for 13- 8-1995 was postponed by the President on 12-8-1995 and all concerned were notified of the postponement and further that due to postponement, no election was held on 13-8-1995, The case of the third respondent on the other hand is that the meeting of the General Committee materialised as scheduled on 13-8-1995 and since the President of the outgoing Committee of Management had absented himself in that meeting, one Sri Jagmohan Saran Gupta was unanimously elected as President for the purposes of the meeting of the General Body held on 13-8-1995. Sri Saran, according to the third respondent, passed the mantle to Sri V. P. Mathur Up-Prabandhak/up-Mantri of the outgoing Committee of Management to conduct the meeting dated 13-8-1995 and record its pro ceedings. In the said meeting of the General Committee, Sri Vishan Swarup Tandon was unanimously elected as President and Sri R. R. Gupta as Secre tary/manager while Sri V. P. Mathur as Up Mantri/up Prabandhab of the Committee of Management. Sri Rajendra Saran Mathur was unanimously elected as Vice President and similarly, election for the post of Treasurer and seven members of the Committee of Management was also held unanimously in the said meeting of the General Committee held on 13-8- 1995.

(3.) THE District Inspector of Schools, it would be evident from the impugned order, has held that the president was bereft of the power to post pone the meeting already convened for 13-8-1995, as in its opinion, such a power of postponement could be exercised only by the Returning officer (Peethaseen Adhikari) Sri V, P. Mathur. THE District Inspector of Schools has held that the President and Manager of the outgoing Committee of Manage ment, who were working as office bearers, had no discretion with them to pass any resolution on their own. According to the District Inspector of Schools, postponement of the election meeting could have been undertaken in the meeting of the General Committee on proper and valid ground and post ponement of the election meeting, according to the District Inspector of Schools was contrary to the wishes of the members of the General Committee.