BAL NIKETAN, MAUNATH BHANJAN Vs. ASSISTANT DIRECTOR OF EDUCATION (BASIC), VII REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) The petition assails the validity of two orders - one, dated 13.12.1987 (Annexure 13 to the petition) holding that the Asst. Director of Education (Basic) is competent to decide the dispute giving rise to this petition and, two the order bearing the same date also passed by the same authority directing the management to hold fresh elections in accordance with the bye - laws of the Society running the school under the supervision of the District Basic Education Officer or an officer authorised by him (Vide Annexure S.A. 1 to the supplementary affidavit).

(2.) The petitioners claim to represent the management of a Junior High School on the basis of election alleged to have been held on 15.12.1985. Their case is that in recognition of the said elections the Basic Shiksha Adhikari attested the signatures of the office bearers of that committee by his order dated 30.1.1986. However, at the instance of the petitioner's rivals who arc arrayed as respondents No. 2 and 3, the Asstt. Director of Education has without any legal authority chosen to interfere with the rights of the petitioners to run the institution by ordering fresh election when under the bye - laws the petitioners' Committee had a right to continue for three years w.e.f. 15.12.85.

(3.) Sri R.N. Pandey, learned counsel for the petitioners assailed the validity of the impugned orders on the ground that the Assistant Director of Education has no jurisdiction under the U.P. Basic Education Act to examine the validity of the election held for the constitution of die Committee of Management.