COMMITTEE OF MANAGEMENT ALEY AHMAD GIRLS INTER COLLEGE ARNROHA DISTT MORADABAD Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) S. Srivastava, J. Aley Ahmad Girls Inter College, Amroha, District Moradabad is an educational institution covered under the provisions of Section 16-FF of the U. P. Board of High School and Intermediate Education Act which receives grant-in-aid from the State Government and which is governed by the provisions contained in Payment of Salaries Act (U. P. Act No. 24 of 1971 ).

(2.) THE Scheme of Administration for running and managing the aforesaid institu tion was approved by the Deputy Director of Education on 27. 7. 1995. In an election for constituting a Committee of Manage ment held on 10. 9. 1995, a Committee of Management with Syed Tajdar Husain was elected which was granted recognition by District Inspector of Schools vide his order dated 14. 2. 1996. As provided under Clause 9 (Kha) of the approved Scheme of Ad ministration, the tenure of a Committee of Management had to be for a period of three years only and in case within six months thereafter a new committee was not got elected the Deputy Director of Education was authorised to nominate one of the office bearers of the out-going committee of management to act as a Prabandh Sanchalak who was to get the election held at the earliest and hand over the charge to and to install a new Committee of Manage ment in office.

(3.) IT appears from the record that sub sequent to the passing of the order dated 6. 3. 1996, whereunder Sri Jwala Prasad Pandey retired District Basic Education Officer had been appointed as Prabandh Sanchalak, the said Prabandh Sanchalak had shown his inability to continue as such where after vide the order dated 21. 5. 1996, the Regional Deputy Director of Education had ap pointed Syed Simar Mohammad Naqvi as the Prabandh Sanchalak but he having resigned vide the order dated 6. 7. 1996 ap pointed Syed Mohammad Saddiq as a Prabandh Sanchalak requiring him to get the election held for constituting a Commit tee of Management which should be in stalled in the office providing further that Prabandh Sanchalak shall exercise all the rights vesting in a Committee of Manage ment.