By means of the present petition, the petitioners are challenging the order dated 13.12.2011, passed by the Joint Director of Education, Varanasi Mandal, Varanasi. The Joint Director of Education has disapproved the election held on 8.12.2009 of the committee of management of Kamla Balika Inter College, Basani, Varanasi and cancelled the order of the District Inspector of Schools, Varanasi dated 10.12.2009 by which the District Inspector of Schools, Varanasi has attested the signature of the Manager, elected in the said election, on the ground that the election has not been held in accordance to the direction given by the Joint Director of Education in its order dated 2.11.2004 and appointed Regional Finance and Accounts Officer, in the office of the Joint Director of Education, Varanasi Mandal, Varanasi to hold the election of the committee of management.
The brief facts, giving rise to the present petition, are as follows:
Kamla Balika Inter College, Basani, Varanasi (hereinafter referred to as the 'institution) is a recognised and aided institution and is governed by the provisions of the U.P. Intermediate Education Act, 1921. There is a Society in the name of Pragya Prasihad, which runs the aforesaid institution. The institution is being run by the committee of management, which is being constituted under the scheme of administration. The scheme of administration was amended on 24.1.1985 by the Deputy Director of Education, Pancham Mandal, Varanasi. After the amendment in the scheme of administration, the election was held on 9.12.2000 in which Sri Sri Nath Singh was elected as the President, Sri Shiv Ratri Singh was elected as the Manager and Kamala Prasad Singh as the Deputy Manager. By the resolution dated 6.2.2000, Kamala Prasad Singh was made as the Manager for the rest of the period. The said resolution has been approved by the District Inspector of Schools vide his order dated 26.2.2000. Up to this stage, there was no dispute. The term of the committee of management is three years. Kamala Prasad Singh, after getting the approval from the District Inspector of Schools, vide order dated 23.10.2002, published schedule of the election in the daily news paper 'Hindustan' and sent the information to the members by Registered post and held the election on 5.1.2003. Necessary papers have been submitted before the District Inspector of schools for approval. It appears that the petitioner no.2 filed a Writ Petition No. 302 of 2003, challenging the legality and the validity of the election process, which was proposed to be held between 5.1.2003 to 12.1.2003. The said writ petition has been disposed of vide order dated 6.1.2003. The Court declined to interfere in the matter, however, observed that it would be open to the petitioner to file the objection. It also appears that the District Inspector of Schools, vide order dated 16.3.2003, passed an order for single operation, which has been stayed by this Court in Writ Petition No. 16815 of 2003. Before the District Inspector of Schools, the petitioner disputed the election held on 5.1.2003. It further appears that the matter has been referred to the Joint Director of Education on the objection of the petitioner. The Joint Director of Education sought report from the District Inspector of Schools, which has been provided by the letter dated 3.5.2003. The Joint Director of Education, vide his order dated 2.11.2004, has disapproved the election held by the respondent no.7, dated 5.1.2003, and also the election held by the petitioners. The Joint Director of Education has appointed the Authorised Controller to hold the election of the committee of management by the valid members of the registered society. None of the parties challenged the said order and as such the same became final.
Before the Joint Director of Education, respondent no.7, Kamala Prasad Singh, contended that the last election was held on 9.1.2000 wherein Sri Sri Nath Singh was elected as the President, Shiv Ratri Singh was elected as the Manager and he was elected as the Deputy Manager. By the resolution dated 6.2.2000, he became the Manager and the said resolution has been approved by the District Inspector of Schools, Varanasi, vide order dated 22.2.2000. The election dated 5.1.2003 was held, after getting approval from the District Inspector of Schools, vide order dated 23.10.2002, making the publication in the news paper and issuing the notice to the members of the general body by Registered Post.
Sri Shakambhari Prasad Singh, the petitioner, submitted that the registered society is Pragya Parishad, C-4/351, Sarai Govardhan, Varanasi, which is running the institution, while Kamala Prasad Singh has created a parallel society in the name of Pragya Parishad, Basani, Varanasi, which is not the registered society and is running the institution. The election of the committee of management of the institution has been held by 31 members.
The Joint Director of Education has disapproved election of the respondent no.7 on the ground that the District Inspector of Schools, while approving the election, has not considered whether the society of Kamala Prasad Singh, which is running the institution is the registered society or not. The election has been held by 31 members, but it is not stated that in the election how many members were present. The maximum members are of the same community and they are relatives of each other, which is contrary to the provisions of the scheme of administration. From the report of the District Inspector of Schools, it appears that Kamala Prasad Singh has not produced any documents relating to the registration of his society, which is running the institution, therefore, without registration of the society, the formation of the committee of management cannot be approved. The election set up by Shakambhari Prasad Singh has been disapproved on the ground that it has been held by 203 members. There is no evidence that when they have been made members of the society. For holding the election, the information has been given to the District Inspector of Schools and the publication was made in the news paper and the notice was sent to the members by Registered post by the signature of Shakambhari Prasad Singh, while he was neither the Prabandh Sanchalak nor the President. There is also no approval of the District Inspector of Schools for publication of the election schedule. Since the term of the committee of management has expired, therefore, an Authorised Controller has been appointed.
After the aforesaid order of the Joint Director of Education, the Authorised Controller took over the charge of the institution in November, 2004. He managed the affairs of the institution. On 23.11.2009, he published the schedule of the election. It appears that the respondent no.7 filed Writ Petition No. 68108 of 2009 for the direction to the Praband