COMMITTEE OF MANAGEMENT PACHOTTAR NATIONAL INTER COLLEGE GHAZIPUR Vs. REGIONAL JOINT DIRECTOR OF EDUCATION 5TH REGION VARANASI

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the impugned order dated 24,7.1998, Annexure-21 of the writ petition, passed by the District Inspector of Schools, (for short 'D.I.O.S.') be quashed and the respondents be commanded not to interfere in the functioning of the petitioners as the Committee of Management of Pachottar National Inter College. Mardah, Ghazipur.

(2.) Sri Ashok Khare, learned counsel, appears on behalf of the petitioner Dr. R. G. Padia, learned senior Advocate, appears on behalf of the respondent Nos. 4 and 5 S/Sri Mahendra Singh and Yogesh Chandra Singh respectively. Dr. Padia stated that since the present petition involves determination of certain legal questions, it may be decided finally without requiring the respondent Nos. 4 and 5 to file the counter-affidavit. Learned standing counsel is also of the same view. 1. therefore, proceed to hear and decide the present writ petition on merits on the basis of the facts as have been unfolded in the grounds of the petition, as well as the various annexures, appended thereto.

(3.) Heard Sri Ashok Khare, learned counsel for the petitioners and Sri (Dr.) R. G. Padia on behalf of the respondent Nos. 4 and 5, as well as, learned standing counsel, at considerable length. The dispute relates about the constitution of the Committee of Management of Pachottar National Inter College which is a recognised and aided educational institution. There is a duly approved Scheme of Administration as framed under Section 16A of the Intermediate Education Act, 1921. Under the Scheme of Administration, there has to be an elected Committee of Management. A copy of the Scheme of Administration has been brought on record as Annexure-1 to the writ petition. A provision for constitution of Committee of Management has been made which indicates that there will be, in all. 15 members, including three ex-officio members, namely, the Principal of the institution and two teachers. Besides three Ex-officio members, there shall be 12 members out of which 5 shall be the office bearers holding the posts of (i) Adhyaksha. (ii) Upadhyakash, (iii) Prabandhak, (iv) Up-Prabandhak, (v) Kosadhyaksha. The term of the Committee of Management is three years and the office bearers of the Committee shall continue to function for the next one month more. In case within the period of three years and one month, the new elected Committee of Management does not take over, the term of the old Committee would automatically come to an end and the Prabandh Sanchalak appointed by Regional Deputy Director shall discharge all the functions and perform duties of the Committee of Management till such time a new elected body comes into existence. The Scheme of Administration also prescribes the election procedure. A meeting of the general body shall be called jointly by the President and the Manager by issuing a notice to be signed by them and in case they fail to call a meeting for purpose of prescribing the future schedule for election, one third members of the general body may require the president and the Manager to call the meeting of the general body. If on such requisition, of one third members of the general body, no meeting is called, an information shall be transmitted to the D.I.O.S. and with his permission a meeting of the general body would be called in which a President shall be nominated to chair the meeting and to determine the election schedule. It is also provided that two months before the completion of the three years term of the Committee, the President/Manager shall notify the duly approved election schedule and send notices by registered post to the members of the general body and if the membership of the general body exceeds more than 200 members, it would be sufficient to serve the notice by ordinary post and by publication of the election schedule in some local newspaper.