COMMITTEE OF MANAGEMENT ARYA KANYA PATHSHALA INTER COLLEGE ROORKI HARIDWAR Vs. REGIONAL DY DIRECTOR OF EDUCATION SAHARANPUR

JUDGEMENT

(1.) The Arya Kanya Pathshala Inter College, Roorki, district Harldwar is a recognised Intermediate Girls Institution under U. P. Intermediate Education Act, 1981 (the Act). It is managed according to the provisions of the Act. a newly provided scheme of administration framed under the Act (Annexure-1). One Virendra Kumar Gupta, alleging to be the Manager of the Committee of Management (petitioner No. 1) has filed this writ petition to challenge the impugned order dated 30/31.7.1999 (Annexure-11) passed by the Dy. Director of -Education (Secondary), Saharanpur Region, Saharanpur. The contesting Committee of Management allegedly represented by one Hari Narayan Mehrotra, who is impleaded as respondent No. 4 and is represented by Shri Arun Kumar. Advocate. respondent Nos. 1, 2 and 3 are represented by standing counsel. Since there is no dispute on fact, the present writ petition is decided finally at the admission stage as contemplated in the rules of the Court.

(2.) Admittedly, elections were due and Shri Virendra Kumar Gupta (petitioner No. 2) initiated the process of holding elections as contemplated under the scheme of administration of the college. Admittedly, both the contesting parties and their supporters participated in the said process of election which was held by the election approved by the District inspector of Schools.

(3.) Till the stage of holding of elections of members of Committee of Management by the said election officer, Hari Narayan Mehrotra (claiming to be the Manager of the Committee of Management-respondent No. 4) participated in the same. After members were elected, the election officer was required to get elections held by convening a meeting of the newly elected members for electing office bearers. But since the Election Officer was out of station on the said day, i.e.. 20.6.1999, the outgoing Manager on 19.6.1999 postponed it to 23.6.1999.