Court No. - 41
Case :- WRIT - C No. - 14867 of 2019 Petitioner :- C/M Adarsh Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondent nos. 1 to 3.
Learned counsel for the petitioners has submitted that there is a College in the name of Adarsh Inter College, Garhi Kalanjari, District Baghpat (hereinafter referred to as the institution) duly managed by Committee of Management having its approved Scheme of Administration and as per the Scheme of Administration, the terms of committee of management is three years. The last undisputed election of the office bearers of the Committee of Management was held in the year 2016 and approved by District Inspector of Schools on 11.3.2016 in which the petitioner no. 2 was elected as Manager alongwith other office bearers. He further submitted that after completion of tenure of Committee of Management, a letter was written by outgoing committee to the respondent no. 3 to appoint election officer. The respondent no. 3 vide letter dated 25.2.2019 has appointed Sri Devendra Singh as election officer and he also directed the election officer to publish election programme in one of the daily newspapers namely Dainik Jagran, Amar Ujala, Rashtriya Sahara and Dainik Hindustan and in pursuance of the aforesaid letter, the election officer notified the election in daily newspaper namely Rashtriya Sahara on 11.3.2019. It appears that during election process, the respondent no. 3 received some complaint and changed the election officer by appointing Sri Gajendra Singh, Principal, Nehru Smarak Inter College, Phulaura, District Baghpat as new election officer, but due to personal reason, newly appointed election officer has sent refusal letter dated 22.3.2019 and thereafter no new election officer has been appointed. The election was held on 19.3.2019 by earlier election officer and office bearers were declared elected. It is further submitted that after completion of the election, the election officer has sent the papers for approval before the respondent no. 3 on 25.3.2019, but till date no action has been taken by the respondent no. 3. It is next submitted that as per Government Order dated 20.10.2008, it was required on the part of the respondent no. 3 to complete the attestation of the signatures of the Manager of the Committee of Management within two weeks and in case there is any legal impediment, the matter shall be referred to Regional Level Committee, who shall be bound to pass the order maximum within a period of one month. It is further submitted that till date neither the respondent no. 3 has passed any order nor the matter has been referred to the Regional Level Committee.
Lastly, it has been prayed that a direction may be issued to the respondent no. 3 to refer the matter before the Regional Level Committee for approval as provided in Government Order dated 20.10.2008 as the respondent no. 3 has not passed any order within two weeks.
Learned Standing Counsel has submitted that the District Inspector of Schools shall pass order at the earliest strictly in accordance with law as provided in Government Order dated 20.10.2008.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 3 to consider the papers of election of Committee of Management held on 24.3.2019 and sent to him alongwith letter dated 25.3.2019 strictly in accordance with law as provided in Government Order dated 20.10.2008 or any other Government Order occupying the field in the present matter and pass order maximum within a period of one month from the date of production of certified copy of this order after hearing all the concerned parties.
Order Date :- 29.4.2019 Rmk.