COMMITTEE OF MANAGEMENT RASTRYA SHRAMIK UCHATTAR MADHYAMIK VIDYALAYA, FIROZABAD, AGRA Vs. D. I. O. S AND OTHERS

JUDGEMENT

(1.) Although this petition was listed for admission but considering the nature of controversy and the delay which is being caused in election of Committee of Management it was considered expedient to dispose of the petition on merits to which learned counsel for parties agreed.

(2.) Dispute in this petition is very short. The question is whether the District Inspector of Schools had any jurisdiction to recognise a Committee of Management said to have been elected on 18th May, 1986. It appears last election of the Committee of Management was held on 10th Aug., 1982. According to petitioner, the election of the new Committee could take place in or after Aug., 1986. It is disputed by opposite-parties. According to them, the School was earlier Junior High School. It was upgraded in July, 1984 and, therefore, the election of the Committee of Management became due and the same was held on 18th May, 1986. It is not necessary to decide whether the election became due in 1986 or whether any scheme of administration had been approved or not or whether the election could be held in or after Aug., 1986 as after the District Inspector of Schools was intimated by opposite-parties that election has taken place he also received intimation from petitioner that no election of Committee of Management has taken place in May, 1986. He, however, recognised the other Committee of Management because letters sent by petitioner in respect of election were not consistent. From that he inferred that claim of petitioner was fictitious. It is again not necessary to decide whether the finding recorded by District Inspector of Schools that letter of petitioner was correct and whether the facts mentioned in it were authentic as it cannot be disputed that due to letters sent by petitioner a dispute arose in respect of election held on 10th May, 1986. The petitioner was claiming that either the election had taken place on 10th Jan., 1986 or that no election took place on 18th May, 1986 and its Committee of Management was still continuing. The claim of petitioner raised dispute between rival of Committees of Management. Such a dispute could not have been gone into by the District Inspector of Schools in view of Sec. 16-A(7) of U.P. Intermediate Education Act. (See Committee of Management, National Intermediate College Vs. Inspectoxs of Schools, Ghazipur, 1984 U.P.- L. B. E. C. 610 and Misc. Writ Petition No. 6253 of 1984. - Committee of Management P. D. Intermediate College, Gayaghat Vs. DIOS, Ballia). In the circumstances the order passed by the District Inspector of Schools recognising opposite-party as Manager and attesting his signatures are quashed. The District Inspector of Schools is further directed to refer the dispute to the Deputy Director of Education within a period of ten days from the date a copy of this Order is produced before him. The Deputy Director shall within six weeks thereafter decide the dispute after giving notices to the parties. He shall decide not only on the effective control but also on the validity or otherwise of the rival claim made by parties as to whether any election was due and if it was due whether it was held. In case he comes to conclusion that no election had taken place then he shall appoint a Prabandhak Sanchalak to hold elections within two months. The petitioners depose of accordingly. Parties shall bear their own costs. Petition decided accordingly.