COMMITTEE OF MANAGEMENT DWARIKA PRASAD SECONDARY SCHOOL JAUNPUR Vs. DY DIRECTOR OF EDUCATION AZAMGARH

JUDGEMENT

(1.) These are two connected writ petitions in which common questions of law and facts are involved. They are, therefore, being decided by this common judgment.

(2.) There is a registered society, known as Janta Junior High School. Anapur. Dashrathpur. district Jaunpur, which was for the first time registered on 16.9.1994 under the Societies Registration Act. The society has its own bye-laws and also Scheme of Administration, in pursuance of which, it runs as Higher Secondary School, known as Dwarika Prasad Higher Secondary School, Jaunpur, which is an aided and recognised institution. Incidentally, in the present case, there is a common committee of management of the society as well as the Institution which it runs. The period of the committee of management is three years.

(3.) The last elections of the committee of management admittedly were held on 8.8.1993 in which Mata Prasad Misra and Devta Deen Pandey were respectively elected as President and Manager. The term of the committee of management was to expire on 7.9.1996 by which date the new committee of management should have come into being. Therefore, with the permission dated 23.8.1996 obtained from District Inspector of Schools (for short 'D.I.O.S.'), the election schedule was published on 24.8.1996 in Tarunmitra. The nominations were to be (lied by 30.8.1996 and the date of withdrawal of the nominations was 31.8.1996. The poll was to be conducted, if necessary, on 1.9.1996. This schedule was published and the election process initiated under the authority of the previous committee of management of which Devta Deen Pandey was the manager. Indrajeet Tewari said to be the Gram Pradhan of Sabha Chandpur (Bheelampur) was appointed as the election officer. It is alleged that in the election held on 1.9.1996, Devta Deen was elected as manager of the new committee of management. On the other hand, Sabhajeet Pandey, respondent No. 3. claimed that he was elected as manager of the new committee of management. Both Devta Deen, on the one hand, and Sabhajeet Pandey, on the other, applied for recognition of their respective committee of management and attestation of signatures. Naturally, the D.I.O.S. was in a fix. Having realised the fact that there is a dispute between the rival committees of management, he referred the matter on 15.10.96 to the Deputy Director of Education (for short 'D.D.E.'). Azamgarh Region, Azamgarh. under the provisions of Section 16A (7) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act'). By the impugned order dated 15.7.1997, Annexure-16 to the Writ Petition No. 24998 of 1997, the D.D.E. has come to the conclusion that both the elections, as set up by Devta Deen on the one hand, and Sabhajeet Pandey, on the other, are invalid and unacceptable, as they have been held contrary to the amended scheme of administration. He, therefore, appointed the D.I.O.S. as the Prabandh Sanchalak with the direction that he shall get the new committee of management constituted after election in which 121 members of the general body were to take part. The list of 122 members duly authenticated formed part of the Impugned order. !t is this order, which has been challenged by Devta Deen Pandey, petitioner No. 2 on the grounds that the election to the committee of management of which he is the manager was clearly in accordance with the piovisions of the scheme of administration whereas respondent No. 3. Sabhajeet Pandey has based his election on fake documents that there were only 56 members of the general body as would appear from the list submitted before the Registrar on 3.3.1993 and thereafter no member was enrolled and that it was bounden statutory obligation of the D.D.E. to record a finding as to which of the rival committees of management was in actual control of the affairs of the institution and in the absence of such a finding he had no jurisdiction to direct that the Prabandh Sanchalak shall hold fresh elections by the participation of 121 members of the general body. After the passing of the order by the D.D.E., it appears that another order dated 19.1.1998 passed by the Assistant Registrar. Chits. Societies and Funds, came into being in favour of Sabhajeet Pandey. To challenge this order, another Writ Petition No. 4267 of 1998 has been filed, by the Committee of Management, of which Devta Deen claims himself to be the Manager.