JUDGMENT Arun Tandon, J.
1. Heard Sri G.K. Singh Advocate on behalf of the petitioner and Sri Ashok Khare senior Advocate assisted by Sri W. A. Siddiqui Advocate on behalf of respondents.
2. Navyug Shikshan Sansthan, Dariyapur, Chandauli, is a society duly registered under the Societies Registration Act, registration number being 00138/93-94. The said society has its own registered bye-laws. Under bye-law No. 8-La the term of the elected office bearers has been provided as 5 years. The said society has established an institution in the name and style of Nasrat Ali Memorial Inter College, Dariyapur, Chandauli. The institution was granted recognition under the provisions of the Intermediate Education Act by the Madhyamik Shiksha Parishad. A scheme of administration was not approved for the institution either at the time of grant of recognition as Intermediate College or on any date subsequent thereto, as a result whereof the District Inspector of Schools on 5.8.2002 passed an order to the effect that the elections of the Committee of Management in accordance with approved scheme of administration have not been held. Signature of the Manager of the institution have been got attested on the basis of the election held for the office bearers of the society and therefore the attestation is being revoked. It was further directed that the institution must get a scheme of administration prepared and approved from the Regional Joint Director of Education and to get fresh elections for constituting the Committee of Management held accordingly. By-means of another order of the same date the District Inspector of Schools required the Manager and Principal of the institution to get a scheme of administration approved in accordance with the provisions of the Intermediate Education Act failing which the recognition granted to the institution is liable to be withdrawn.
3. The aforesaid orders issued by the District Inspector of Schools were challenged before this Court by means of Civil Misc. Writ Petition No. 34680 of 2002 (Saqib Mahmood v. State of U.P. and Ors.). The said writ petition was disposed of at the admission stage itself without interfering with the orders of the District Inspector of Schools dated 5.8.2002 with a direction that the petitioner's claim be considered by the appropriate authority within the time specified in the orders of this Court.
4. In compliance of the orders of this Court the Regional Joint Director of Education passed an order dated 14.5.2003 whereby he approved the scheme of administration submitted by Sri Saqib Mahmood and also recognised the Committee of Management with Sri Saqib Mahmood as its lawful Manager. Aggrieved by the said order dated 14.5.2003 the present writ petition has been filed by the rival Committee of Management with Sri Riyaz Ahmad Siddiqui as its Manager.
5. On behalf of the petitioner it is contended that the elections set up by Sri Saqib Mahmood as Manager have admittedly been held in accordance with the registered bye-laws of the society inasmuch as on the date the elections were so held there was no scheme of administration duly approved by the Regional Joint Director of Education in force in the Institution and the said fact is established beyond reasonable doubt from the order of the Regional Joint Director of Education dated 14.5.2003 itself as under order dated 14.5.2003 the Regional Joint Director of Education has approved the scheme of administration submitted by Sri Saqib Mahmood and has also recognised the elections of the Committee of Management with Sri Saqib Mahmood as the Manager. According to the petitioner the only basis for passing the aforesaid order as recorded in the above order is that the Committee of Management with Sri Saqib Mahmood was in effective control of the institution.
6. On behalf of respondents it is submitted that since the office bearers with Sri Saqib Mahmood as Manager were in effective control of the institution since its recognition, the constitution of the Committee of Management of the institution as well as framing of the scheme of administration and its approval under the orders of the Regional Joint Director of Education is legal.
7. I have heard learned Counsel for the parties and gone through the records of the writ petition.
8. The basic questions which arise for consideration before this Court in the present writ petition are (a) as to whether a scheme of administration has to be enforced in the institution from the date it is recognised and further after recognition of the elections for constituting the Committee of Management can only be held in accordance with the approved scheme of administration ? (b) as to whether office bearers elected under the provisions of the registered bye-laws of the society cannot claim any right to constitute the Committee of Management of recognised Intermediate College in accordance with the Intermediate Education Act ?
9. In order to adjudicate upon the aforesaid two issues it would be relevant to reproduce Section 16-B (1) of the Intermediate Education Act and Regulations 14 and 15 of Chapter-I, Regulations 5 and 9 of Chapter VII of the Regulations framed under the Intermediate Education Act.
10. A bare reading of Section 16-B (1) of the Intermediate Education Act would establish that the Institutions seeking recognition subsequent to the enforcement of Section 16-B (1) are necessarily required to forward a scheme of administration to be duly approved by the Regional Joint Director of Education at the time of submission of their application for grant of recognition as High School/ Intermediate College. It is further apparent from the aforesaid provisions that a scheme of administration duly approved by the Regional Joint Director of Education prepared in conformity with Section 16-CCC read with schedule appended thereto is necessarily to be enforced in the institution from the date the institution is granted recognition. The aforesaid provisions leads to only one conclusion, namely that from the date the institution is recognised there has to be an approved scheme of administration and elections, if any, for constituting the Committee of Management subsequent to the recognition can only be held in accordance with the approved scheme of administration. Enforcement of an approved scheme of administration is a condition precedent for any valid election for constituting the Committee of Management of a recognised Intermediate College being held in view of the provisions of Section 16-B (1) of the Intermediate Education Act read with Regulations 14 and 15 of Chapter-I and Regulations 5 and 9 of Chapter VII of the Regulations framed under the Intermediate Education Act. Issue No. 1 is decided accordingly.
11. A Division Bench of this Court in the judgment reported in 1988 ALJ 576 has specifically held that the provisions of the Intermediate Education Act and the Societies Registration Act are not overlapping. Both operate in separate fields. Relevant portion of the said judgment is quoted below :
"..."
12. In view of the aforesaid judgment of the Division Bench it cannot be disputed that the elections of the office bearers of the society which are held in accordance with the registered bye-laws are of no consequence so far the elections which are to be held in accordance with the approved scheme of administration. A valid Committee of Management can only be constituted in accordance with the approved scheme of administration and any election set up by the party claiming effective control of the institution as the lawful management of High School/Intermediate College on the basis of the elections of the office bearers of the society held in accordance with registered bye-laws only cannot be acted upon nor can be accepted by any education authority for the purpose of recognition of committee of management of such an institution. The election of the office bearers of the society in accordance with registered bye-laws are of no relevance for the purposes of adjudicating the claim of the parties for being recognised as lawful management of a recognised Intermediate College. The elections of the Committee of Management are to be held and acted upon only with reference to the provisions of the approved scheme of administration. It may, however, be clarified that the approved scheme of administration may contain provisions for constitution of the Committee of Management in accordance with the terms and conditions which may be as per the registered bye-laws of the society but in absence of such a provision or in case where the scheme provides for a different procedure for constituting the electoral college and the manner in which the elections of the Manager or other office bearers of the Committee of Management are to be held, the elections of the office bearers of the society cannot be taken to be the basis for recognising the office bearers of the society as Committee of Management of the institution. The office bearers of the society do not have any right to hold any elections of a Committee of Management of a recognised Intermediate College subsequent to it having been recognised as Intermediate College nor the elections of the office bearers of the society can be the basis for recognising the Committee of Management of the institution. Issue No. 2 is decided accordingly.
13. In the light of the aforesaid legal position it has been fairly agreed upon by the Counsel for both the parties before this Court that no scheme of administration had been submitted along with the application for grant of recognition nor any scheme of administration had been approved for the institution by the competent authority in accordance with Section 16-B (1) of the Intermediate Education Act read with Regulations 14 and 15 of Chapter I and Regulations 5 and 9 of Chapter VII of the Regulations framed under the Intermediate Education Act which is a condition precedent under the provisions of the Intermediate Education Act for holding any elections for constituting the Committee of Management of a recognised Intermediate College.
14. From the record it is now established that the elections set up by Saqib Mahmood which have been accepted under the order of the Regional Joint Director of Education did not take place in accordance with any approved scheme of administration and, therefore, the said elections cannot be said to have been held for constituting a lawful Committee of Management of the institution in accordance with Intermediate Education Act. Accordingly, the order passed by the Regional Joint Director of Education dated 14.5.2003 cannot be legally sustained and is hereby quashed.
15. This leads us to a peculiar situation inasmuch as there is no lawful Committee of Management of the recognised Intermediate College as of date. The question arises as to who can now submit the scheme of administration so that there may be necessary compliance of Section 16-B (1) of the Intermediate Education Act read with Regulations 14 and 15 of Chapter I and Regulations 5 and 9 of Chapter VII of the Regulations framed under the Intermediate Education Act and consequently an approved scheme of administration may be enforced in the institution. In order to work out a solution in respect of the aforesaid problem the Court is of the opinion that the scheme of administration approved by the Regional Joint Director of Education under the impugned order dated 14.5.2003 be treated as a tentative scheme of administration for the institution. It shall be open to the parties to the present writ petition as well as any other interested person to file objection to the tentative scheme of administration. After the objections are filed the Regional Joint Director of Education shall consider the objections and thereafter shall pass an order enforcing the scheme of administration which should be in conformity with the provisions of Section 16-CCC of the Intermediate Education Act read with Schedule appended thereto. After the approved scheme of administration is enforced the Regional Joint Director of Education shall appoint an election officer who must be an employee of the education department for getting fresh elections of the Committee of Management of the institution held in accordance with the said approved scheme of administration. The election officer shall publish a tentative list of members for the purposes of determining the electoral college and shall invite objections thereto. He shall finalise the electoral college after deciding the objections and shall hold elections for constituting the Committee of Management of the institution. The aforesaid exercise may be completed under the control and supervision of the Regional Joint Director of Education, within three months from the date a certified copy of this order is filed before the Regional Joint Director of Education.
16. With the aforesaid directions the writ petition is allowed.