COMMITTEE OF MANAGEMENT, JANGALI BABA INTERMEDIATE COLLEGE GARWAR DISTRICT BALLIA AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, VTH REGION, VARANASI AND OTHERS

JUDGEMENT

(1.) In the aforesaid two writ petitions since counter and rejoinder affidavits have been filed and similar and connected questions are involved in the aforesaid two writ petitions, they are being disposed of finally in accordance with the Rules of the Court by one common judgment. Writ Petition No. 12829 of 1986 has been filed for a writ of certiorari quashing the order dated 8th Aug., 1986 (Annexure-6 to the Writ Petition) by virtue of which the District Inspector of Schools has referred the matter to the Deputy Director of Education by holding that the dispute exists between the two rival Committee of Management. The other writ petition (being writ Petition No. 817 of 1988) is directed against the order dated 3rd Dec., 1988 passed by respondent No. 1 (Annexure-8 to the writ petition). The Deputy Director of Education has passed an order that in any case on account of the period of three years and one month having expired from the date of election i. e. 7th July, 1985 the Committee of Management headed by the petitioners came to an end and thus the Prabandh Sanchalak was appointed for holding fresh election in accordance with law. Petitioners being aggrieved as against the aforesaid orders have filed these writ petitions.

(2.) The case of the petitioners is that the fresh election was held on 7th July, 1985. However, on account of the writ petition (writ petition No. 10534 of 1985) filed by respondents on 17th July, 1985 and the stay order having been obtained from this Court, his Committee of Management could not work. The aforesaid writ petition was dismissed on 24th July, 1986. Argument of the petitioners is that since the petitioners' Committee of Management, on account of the slay order passed by this Court, was not allowed to function, the period of three years could only expire after July, 1989, and the said period would only start from the date when the petitioners took over charge as such. Petitioners further grievance is that the order of the District Inspector of Schools referring the dispute regarding two rival Committee of Management to respondent No. 2 on 8-8-1986 is illegal and without jurisdiction as there was no dispute between two rival Committee of Management. Respondents' case is that even through they held the election on 31st Jan., 1985, the District, Inspector of Schools quashed the same with a direction for holding fresh election in accordance with the Scheme of Administration and thus any election held contrary to this is illegal. That in any case election held on 7-7-1985 could not be a valid election even otherwise. Further it was urged even otherwise since the period of three years one month having come to an end starting from the date of election i.e. 7th July, 1985, even if it is held to be valid, therefore, the Deputy Director of Education validly directed for the appointment of. the Prabandh Sanchalak and for holding fresh election. Thus the impugned order does not call for any interference by this Court.

(3.) On behalf of the respondents reliance was placed on the case of Committee of Management of Kisan Uchchattar Madhyamik Vidyalaya, Bulandshahar Vs. Deputy Director of Education, Division I, Meerut and others, 1985 (2) UPLBEC 1595 and on the case of Management Committee of Raja Mahendra Pratap Vidyalaya, Gorkull, Narsan Saharanpur Vs. Deputy Inspector of Schools and others, 1986 UPLBEC 793. In the aforesaid two decisions it is held that the period of the Committee of Management as per Scheme of Administration is three years and one month and it comes to an end after expiry of the said period. Further reliance was placed on the case of State of U. P. and another Vs. Municipal Board and others, 1970 ALJ 964, where the question was about the period of Municipal Board and the computation of such period.