Court No. - 32
Case :- WRIT - C No. - 33827 of 2021 Petitioner :- C/M, Lodhi Rajput Vidya Parishad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar,Arvind K. Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Arvind Kumar Pandey, learned counsel for the petitioners and learned standing Counsel for the State- respondents.
The present petition has been filed by the petitioners with the following relief:-
"I. To, issue a writ, order or direction in the nature of certiorari to quash the order dated 12.11.2021 (Annexure no.12) passed by Joint Director of Education Aligarh Region, Aligarh and further order dated 20.11.2021 (Annexure no.13) passed by District Inspector of Schools, Etah.
II. To, issue a writ, order or direction in the nature of mandamus directing the respondent authorities to hold the election of the Committee of Management Rani Awantibai Inter College, Mahrahra, Etah as per Clause 10 of the scheme of administration within stipulated period fixed by this Hon'ble Court."
Learned counsel for the parties agree that the present writ petition may be decided at this stage, without calling for any further affidavits specially in view of the order proposed to be passed, as no purpose would be served by keeping the present writ petition pending.
Brief facts of the case are that the Committee of Management Rani Awantibai Inter College, Mahrahra, District Etah (hereinafter referred as institution) is run and managed strictly in terms of Scheme of Administration as approved in accordance with the Provisions of Section 16-A of U.P. Intermediate Education Act, 1921.
The last undisputed election of Committee of Management of the Institution was held on 7.6.2015 in which one Niranjan Lal Rajpoot was elected as Manager and Bhudev Singh was elected as President.
As per Clause 10 of the Scheme of Administration, the term of Committee of Management is five years, the term of present Committee of Management came to an end in July, 2020 and no election of Committee of Management could be held within time, hence, the Committee of Management became time barred.
As the Committee of Management became time barred, therefore, the order of single operation dated 27.7.2020 was passed by District Inspector of Schools, Etah for managing the affairs of the Institution.
After renewal of the Society and registration of list of members of the Society, petitioner no.3 moved an application before the District Inspector of Schools for election of the time barred Committee of Management on 19.06.2021 and several reminders were also sent. When no response was received from the District Inspector of Schools, the petitioners represented before Joint Director of Education, Aligarh Region, Aligarh dated 20.7.2021 with request to take decision for holding of elections of Committee of Management of the Institution. As no decision was taken by the Joint Director of Education, Aligarh Region, Aligarh, therefore, the Writ Petition No. 19249 of 2021 was filed and the Court vide order dated 16.8.2021 directed the Joint Director of Education, Aligarh Region, Aligarh to consider and decide the representation of the petitioners within six weeks with respect to the grievance of holding the elections of Committee of Management of the Institution as per the Scheme of Administration.
In compliance of the order dated 16.8.2021, the Joint Director of Education, Aligarh Region, Aligarh has passed the impugned order dated 12.11.2021, whereby he has directed the District Inspector of Schools to hold the elections of Committee of Management of the Institution. Pursuant to which the District Inspector of Schools instead of holding the elections has passed the order dated 20.11.2021, directing the petitioner no.3 to hold the elections of Committee of Management of the Institution in accordance with the approved Scheme of Administration.
Learned counsel for the petitioners submits that the impugned orders dated 12.11.2021 and 20.11.2021 have been passed against the provisions of approved Scheme of Administration. He further submitted that as per Clause 10 of Scheme of Administration, after expiry of term of Committee of Management, the Joint Director of Education, Aligarh Region, Aligarh has to appoint an Authorized Controller to conduct the elections of Committee of Management but the authorities have directed the petitioner to hold the elections of Committee of Management himself.
The learned Standing Counsel submits that as per Scheme of Administration, the term of the Committee of the Management of the Institution is five years and the last undisputed election of Committee of Management of the Institution was held on 7.6.2015 and the term expired in July, 2020. No Authorized Controller has been appointed in the Institution as required under the provisions of approves Scheme of Administration, therefore, orders impugned are not justified.
The Court is of the view that after the Committee of Management of the Institution became time barred, the Joint Director of Education, Aligarh Region, Aligarh should have appointed an Authorized Controller in the Institution for holding the fresh elections as required under the provisions of Scheme of Administration.
In view of the facts and circumstances of the case as stated above, the impugned orders dated 12.11.2021 and 20.11.2021 are set aside. The Joint Director of Education, Aligarh Region, Aligarh is directed to appoint an Authorized Controller in the Institution in question who shall hold the elections for new Committee of Management. The entire exercise is to be carried out within three months from the date of receipt of certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 20.12.2021 Rahul.