By means of the present writ petition, the petitioners are challenging the order dated 10.1.2012 passed by the District Inspector of Schools, Gautam Budh Nagar by which he has disapproved the election held on 13.11.2011 and has recommended for the appointment of authorized controller and to hold fresh election under the supervision of the authorized controller and the order of the Joint Director of Education, First Region, Meerut dated 12.1.2012 by which the authorized controller has been appointed.
Learned counsel for the petitioners submitted that the election has been declared invalid mainly on the ground that the earlier election was held on 18.11.2007, which has been approved on 24.5.2008. The term of the committee of management was three years, which has expired on 27.11.2010. According to the District Inspector of Schools, Gautam Budh Nagar, after the expiry of three years and one month, the committee become defunct and had no authority to hold the election and accordingly the permission granted to hold the election was not valid. He further submitted that Sri Jag Bhushan Garg made a complaint against the said election dated 13.11.2011 while he himself participated in the said election and has been defeated and, therefore, he has no right to challenge the validity of the election. He submitted that the scheme of administration provides that the term of the committee of management will be three years but the term will continue till the formation of the new committee of management, therefore, the earlier committee of management had not become defunct and had a right to hold the election. The election has been held after getting the permission from the District Inspector of Schools, Gautam Budh Nagar.
Prima facie, there appears to be substance in the argument of learned counsel for the petitioners, which requires consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 to 3. Respondent no. 4 is represented by Sri R.K. Srivastava, Advocate. All the respondents may file counter affidavit within three weeks. Rejoinder affidavit may be filed within one week thereafter.
List in the week commencing 12.3.2012.
Till the next date of listing, the operation of the impugned order dated 10.1.2012 passed by the District Inspector of Schools, Gautam Budh Nagar and the order of the Joint Director of Education, First Region, Meerut dated 12.1.2012 shall remain stayed.
Order Date :- 1.2.2012 OP