COMMITTEE OF MANAGEMENT SHRI RATAN MUNI JAIN INTER COLLEGE AGRA Vs. DIRECTOR OF EDUCATION SECONDARY U P ALLD

JUDGEMENT

(1.) R. H. Zaidi, J. Heard learned counsel for the parties, on the question of grant of interim relief and also carefully perused the record of the case.

(2.) THE present petition arises out of the dispute between two rival Committees of Management of educational institution known as Shri Ratan Mani Jain Inter College, Loha Mandi, Agra. It appears that one Shri Moti Lal Jain claimed that the election of the bearers and members of the Committee of Management of the College was held on 21-6-1991, in which he was elected as the manager. On the basis of the said election his signa tures were attested by the District Inspector of Schools, one Shri Kamal Kumar Jain belonging to the petitioners' group, took the matter before the Regional Deputy Director of Education claiming that election of the Committee of Management was held on 1-7-1991, in which he had claimed to have been elected as the manager of the college. THE Regional Deputy Director of Education, however, vide his order dated 27-4-1992 took the view that there existed no dispute between two Committees of Management inasmuch as the election dated 1-7-1991 set up by Shri Kamal Kumar Jain was the election of the society and not of the Committee of Management of the College. THE validity of the order dated 27-4-1992 was thereafter, challenged by Shri Kamal Kumar Jain before this Court in Civil Misc. Writ Petition No. 23703 of 1992. This Court by its judgment and order dated 22-9- 1992 confirmed the findings recorded by the Deputy Director of Education that the election held on 1-7- 1991 was the election of the society and not of Committee of Management. THE special appeal filed against the judgment and order dated 22-9-1992 was also dismissed on 6-4-1994. THEreafter, Special Leave Petition No. 6321 of 1995 appears to have been filed in the Supreme Court, which was also dismissed on 21-8-1995. Thus, the order passed by the Deputy Director of Education in favour of Shri Moti Lal Jain became final. THE term of the Committee of Management under the scheme of administration is three years, was to expire, consequently, the election of the office bearers and members was again held on 16-10-1994 in which Shri Sanjay Kumar Jain was elected as the manager of the college besides other office bearers and members. On the election papers relating to the aforesaid election being submitted before the District Inspector of Schools, the signatures of Shri Sanjay Kumar Jain were also attested on 22-10-1994.

(3.) IN compliance of the said order, the signatures of Shri Rajiv Ratan were attested by the District INspector of Schools on 12-6-1995. On 16/19-9-1995 the Deputy Director of Education directed the District INspector of Schools to restore ; the status quo as before 9-6-1995. The District INspector of Schools vide order dated 18-9-1995 again recognised Shri Sanjay Kumar Jain. However, subsequently, on the same date another order was passed by the District INspector of Schools whereby the operation of the order dated 18-9-1995 passed in favour of Shri Sanjay Kumar Jain was stayed. The present petition No. 31972 of 1995 has been filed chal lenging the validity of the said subsequent order dated 18-9-1995.