COMMITTEE OF MANAGEMENT, RASHTRIYA INTER COLLEGE, MAHREON PURAON, JAUNPUR AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, XIV REGION, AZAMGARH AND OTHERS

JUDGEMENT

(1.) Heard Sri Shashi Nandan, counsel for the petitioner and Sri D.S.M. Tripathi for the respondent No. 4.

(2.) The writ petition is directed against the order dated 6th June, 1996 passed by Regional Deputy Director of Education (Secondary) Azamgarh Region, Azamgerh in exercise of power under Sec. 16-A (7) of the U.P. Intermediate Education Act, 1921. It appears that three parallel committee were set up in respect of the institution in question. The Regional Deputy Director of Education, upon consideration of the facts and circumstances of the case, has held that none of the rival committees of management was constituted in accordance with the approved scheme of administration. Accordingly the Deputy Director of Education appointed Dr. Sarita Tewari, District inspector of Schools, Jaunpur as Prsbandha Sanchalak with the direction to her to hold election of the committee of Management within four weeks. It is stated by Sri D. S.M. Tripathi that Dr. Sarita Tewari has since been replaced by another Prahandha Sanchalak who, it is further stated, has commenced the election process.

(3.) Argument of Sri Sashi Nandan is that the order passed by the Regional Deputy Director of Education cannot be sustained in the absence of a categorical finding on the relevant question as to who was in the effective control of the affairs of the institution. It is true that the Regional Deputy Director of Education has not recorded categorical finding as to which committee of management was in the effective control of the affairs of the institution, but that would, in my opinion, make no difference in the instant case inasmuch as a rank trespasser cannot be recognised even if it has some how gained control over the affairs of the institution and the term of the out going committee of management has expired and, therefore, it has lost its right to manage the affairs of the institution. On the finding that none of the rival committees of management was duly elected the Regional Deputy Director of Education had no option but to appoint authorised controller to manage the affairs of the institution and hold election in accordance with the approved scheme of administration. There is no error in the decision making process. In my opinion, no interference is warranted under Art. 226 of the Constitution.