COMMITTEE OF MANAGEMENT, HAR NARAIN INTER COLLEGE, GANJDUNDWARA, DISTRICT ETAH AND OTHERS Vs. THE DISTRICT INSPECTOR OF SCHOOLS, ETAH AND ANOTHER

JUDGEMENT

(1.) A. S. H. P. Association petitioner no. 2 (hereinafter referred to as the Association) is the Society, registered under the Co-operative Societies Act with its head office at Ganjdundwara, in the district of Etah The Association maintains an institution by name Har Narain Inter College, Ganjdundwara (hereinafter referred to as the institution). There is a Committee elected by the general body of Association which looks after its affairs. The institution has got a Scheme of Administration, framed under Sec. 16-A of the Intermediate Act, 1921 and thereunder its Committee of Management is elected for a patriot of three years at a time. Lala Hari Narain was elected Secretary of the Society in the election held on 24th Oct., 1969. The next election was due to be held in Oct., 1972; but, it was held in Sept. 1973. Sri Mahtab Rai, petitioner no 3, convened a meeting of the general body of the Association on 20-9-1973 for electing the Committee of Managment of the Institution and in that election he was elected Secretary of the Association and Manager of the Committee of Management of the institution while a rival meeting convened by Lala Hari Narain was held on 17-9-1973. In that election Natbu Ram Gupta was elected Secretary and Ram Swarup Assistant Secretary of the Society and Laxmi Narain and Vijitendra Kumar, President and Manager of the Committee of Management of the institution. In Sept. 1976, similar rival elections were held. Mahtab Rai convened the meeting on 20-9-76 and claimed to be the Secretary of the Society and Manager of the Committee of Management of the institution while in the other camp in the election held in 1976 Mohammad Zamir Ahmad Khan was elected Secretary-cum-Manager of the Committee of Management of the institution and Vijitendra Kumar was elected President of the Society.

(2.) The District Inspector of Schools attested the signature of Mahtab Rai, petitioner no. 3, as Manager of the Committee of Management of the institution on 30-9-1976. Zamir Ahmad Khan made representations against that attestation on 8-10-1976 and 20-12-1977.It appears that the District Inspector of Schools did net pass any orders on those representations and Civil Misc. Writ No. 4594 of 1976 was filed before this Court by the Society and the Commit tee of Management That petition was dismissed by this Court by an order dated 26-5-1978, after observing "If the petitioner has filed any representation before the District Inspector of Schools, he may decide the same in accordance with law."

(3.) The District Inspector of Schools, thereafter, made an order on 9-6-1978 In which he held that the Committee of Management alleged to have been elected on 20-9-1976 was not properly constituted committee in accordance with the provisions of Scheme of Administration while the other Committee of Management of which Mohd, Zamir Ahmad Khan was the Manager had been properly elected. The attestation of the signature of Mahtab Rai by order dated 30-9-1976 was hence conceited and Moti Lal Verma, who had succeeded Zamir Ahmad Khan in the meantime was recognised as the manager of the Committee of Management of the institution From that order a representation was filed before the Deputy Director of Education, Agra, by Matab Rai on 19-6-1978 The Deputy Director of Education by his order dated 5-7-1978 set aside the order dated 9-6-1978 and directed the District Inspector of Schools to decide the controversy in accordance with law after affording opportunity to both the parties Mahtab Rai simultaneously filed Writ Petition No. 5230 of 1978 against the order of the District Inspector of Schools aforesaid before this Court. That petition was ultimately dismissed on 20-9-1978. The Committee of Management of the institution through Moti Lal Verma as well filed a writ petition against the order of the Deputy Director of Education dated 5-7-1978. That petition as well was dismissed Thereafter, the District Inspector Schools made an order dated 26-12-1978 giving recognition to the Committee of Management of which Moti Lal Verma is the Manager and he has atleaste his signature for the purposes of the discharge of statutory duties, It is this order which is sought to be quashed by the Committee of Management of the institution and the Association through Mahtab Rai as their Manager and Secretary and by Mahtab Rai in person. There is a further prayer for the issue of a writ of mandamus order of direction commending the respondents not interfere with the functioning of the petitioner no. 1 as the Committee of Management and of the petitioner no. 3 as Manager of the institution.