LAWS(ALL)-1998-1-57

COMMITTEE OF MANAGEMENT ADARSH INTER COLLEGE BALLIA Vs. REGIONAL DEPUTY DIRECTOR OF EDUCATION SECONDARY XIVTH REGION AZAMGARH

Decided On January 29, 1998
Committee Of Management Adarsh Inter College Ballia Appellant
V/S
Regional Deputy Director Of Education Secondary Xivth Region Azamgarh Respondents

JUDGEMENT

(1.) BY means of this peti ­tion, under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order of direction in the nature of certiorari quashing the order dated 1 -11 -1997 passed by Regional Deputy Director of Education (Secondary), XIVth Region, Azamgarh, holding that the election of office bearers and members of the Commit ­tee of Management alleged to have been held on 24 -9 -1995 was invalid and contrary to the provisions "of scheme of administra ­tion and further appointing the District Inspector of Schools as Prabandh Sanchalak of Adarsh Intermediate College, Siwan Kala, Sikanderpur, district Ballia (for short 'the college') and direct ­ing him to hold the election of the Com ­mittee of Management within 2 months.

(2.) THE facts of the case as set out in the writ petition, in brief, are that it was on 28 -6 -1992 that the election of the office bearers and members of the Committee of Management of the institution was held in which petitioner No. 2 Shri Ashok was elected as Manager and Sri Sadhu Saran Goswami as President, besides other of ­fice bearers and members. The District Inspector of School on receipt of the papers relating to the said election ac ­corded recognition to the Committee of Management elected in the aforesaid elec ­tion and attested the signatures of the Manager vide Order dated 13 -10 -1992.

(3.) ON the other hand respondent No. 3 is stated to have applied for initiating the proceedings for holding the election as the term of the Committee of Management came to an end on 8 -2 -1996. Thereafter another similar application was made by respondent No. 3 on 15 -2 -1996 before the respondent No. 2. The District Inspector of Schools vide his letter dated 7 -4 -1996 asked the petitioners to submit the original record relating to election held on 24 -9 -1995 before him. It is stated that in ­stead of original record photostat copies of all relevant papers were furnished by the petitioners to the District Inspector of Schools. The District Inspector of Schools instead of according approval to the Com ­mittee of Management elected on 24 -9 -1995 placed the accounts of the college under single operation by order dated 23 -5 -1996. The petitioners and other mem ­bers of the general body thereafter made representations to the District Inspector of Schools and also to the Joint Director of Education in support of the election held on 24 -9 -1995. The District Inspector of Schools, thereafter, recalled the order dated 23 -5 -1996 vide order dated 19 -7 -