COMMITTEE OF MANAGEMENT K S INTER COLLEGE KURALASI MUZAFFAR NAGAR AND ANR Vs. REGIONAL DEPUTY DIRECTOR OF EDUCATION SECONDARY MEERUT REGION MEERUT

JUDGEMENT

(1.) S. C. Verma, J. The institution K. S. Inter College, Kuralasi, Muzaffar Nagar is a recognised institution under the provisions of U. P. Intermediate Education Act and the provisions of U. P. Act No. 24 of 1971 are also applicable. The last recog nised committee of management was con stituted through election held on 28-4-1994, of which Dharam Pal was recognised as Manager of the institution, by the Dis trict Inspector of Schools through order dated 3-5-1994. After the completion of the tenure of the elected committee of management, it has been alleged that fresh elections of the committee of manage ment took place on 9-3-97 in which Ram Naresh Singh was elected as Manager. The signatures of Ram Naresh Singh have also been attested by the District Inspector of Schools by order dated 5-6-1997 and the salary payment bill under his signatures was accepted by the District Inspector of Schools and payment of salary was being made to the teachers and other employees of the institution.

(2.) IT appears that the elections held on 9-3-97 were challenged in some proceedings before the Civil Judge, Muzaffar Nagar in case No. 158 of 1997, Deputy Manager Genda Singh v. Commit tee of Management & Anr. and civil Suit No. 194 of 1997, Ratan Singh v. Committee of Management, was instituted. Both the cases are pending and no restraint order or injunction order has been passed restrain ing the members of the Committee of Management to function and manage the affairs of the institution. The Deputy Director of Education by an order dated 25-6-97 appointed one Smt. Kusum Lata Gupta, Associate District Inspector of Schools as Administrator to manage the affairs to the institution. The reason given in the impugned order for this action ap pears to be the expiry of the tenure of the Committee of Management as also the pendency of Suit No. 194 of 1997. The order dated 25-6-97 has been challenged in Writ Petition No. 23595 of 1997 by the Committee of Management of which Ram Naresh Singh was elected as Manager and whose signatures were also attested by the District Inspector of. Schools. An interim order dated 23-7-1997 was passed staying the operation of the order dated 25-6- 1997. The interim order was time bound and is not operating at present.

(3.) WITH the above direction, the Writ Petition No. 29472 of 1997 is disposed of and Writ Petition No. 23595 of 1997 is allowed. Order accordingly. .