Court No. - 19
Case :- WRIT - C No. - 34899 of 2018 Petitioner :- C/M Brahma Devi Amichand Kanya Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shivam Yadav Counsel for Respondent :- C.S.C.,Rajesh Chandra Gupta
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners, learned standing counsel for respondents 1 to 3, Sri Hem Singh for respondents 5 and 7 and Sri R.C. Gupta for respondents 4 and 6.
With their consent the writ petition is being disposed of finally without inviting a formal counter affidavit.
The petitioners have challenged the order dated 19.9.2018 passed by District Inspector of Schools, Gautambudh Nagar, whereby the election of the Committee of Management of Brahma Devi Amichand Kanya Inter College, Gautambudh Nagar, in which respondent no.7 was elected, has been recognised. They have also prayed for an enquiry being conducted in the matter and for a mandamus restraining the respondents from interfering with the rights of the petitioners in managing the institution.
The institution in question is a recognised institution under the U.P. Intermediate Education Act, 1921 and is governed by an approved scheme of administration. According to the own case of the petitioners, the last election of the Committee of Management of the institution was held on 9.8.2015. The said election was communicated to the authorities on 6.10.2015. In the said election, petitioner no.2 claims that she was elected as Secretary and Sri Anil Kumar Sharma as President. The fifth respondent was elected as Treasurer. Although the papers, as stated were duly submitted but the election was not recognised. It appears that thereafter a fresh election was held on 12.9.2018 and which has been recognised by the impugned order by District Inspector of Schools.
Learned counsel for the petitioners submitted that the said election was held by respondent no.5 who was the Treasurer although it is the petitioners who were entitled to hold fresh election. He further submitted that in case the election held in the year 2015 is ignored as it was not recognised then fresh election could have been held only through an authorised controller having regard to clause 8 of the scheme of administration, according to which the term of the Committee of Management is three years and its office bearers can continue for further period of one month. If elections are not held within the extended period then same could only be conducted by the authorised controller to be appointed by District Inspector of Schools.
On the other hand, learned counsel appearing for respondents 5 and 7 submitted that fresh election has been validly conducted by election officer after prior intimation to the District Inspector of Schools. He further submitted that the petitioners who are not setting up any rival claim, have no right to challenge the election.
In the opinion of the Court, the petitioners have remedy of raising the dispute before the Regional Level Committee.
Learned counsel for respondent no. 5 and 7 has no objection in case dispute is referred for decision to the Regional Level Committee.
Having regard to the fact that the issues, which are being pressed before this Court, are factual in nature and the petitioners have an efficatious alternative remedy available to them, this Court declines to go into the validity of the impugned order but leaves it open to the petitioners to approach the Joint Director of Education of the Region concerned challenging the election as well as the order passed by District Inspector of Schools recognising the election and in which event, he shall place the matter before the Regional Level Committee for being decided in accordance with law.
Sri Shivam Yadav, learned counsel for the petitioners submitted that the petitioners would approach the Joint Director of Education within ten days and he be directed to place the matter before the Regional Level Committee, so that it is decided without any delay.
Accordingly, it is further provided that in case the petitioners approach the Joint Director of Education within ten days alongwith a certified copy of this order, the Joint Director of Education shall place the matter before the Regional Level Committee, which shall decide the dispute in accordance with law after due notice and opportunity of hearing to the parties, expeditiously, preferably within a period of next three months.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 31.10.2018 skv