Allahabad High Court
C/M Adarsh Kanya Inter College And 2 ... vs State Of U.P. And 3 Others on 12 September, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 24493 of 2022 Petitioner :- C/M Adarsh Kanya Inter College And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dilip Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
The present petition has been filed by the newly elected Committee of Management, Adarsh Kanya Inter College, Bheesham Nagar (Bhainsa), Mawana, District Meerut and by the elected Manager of the Committee of Management.
The contention of the petitioners is that the elections of the Committee of Management were held in April, 2022 and the results of the same were declared on 11th April, 2022. It has been stated in the petition that the documents relating to the elections of the Committee of Management were submitted before the District Inspector of Schools - II, Meerut on 12.4.2022 but no decision was being taken by the District Inspector of Schools - II, District Meerut regarding attestation of the signatures of the Manager of the Committee of Management. Consequently, the present petition was filed praying for a direction commanding the District Inspector of Schools - II, District Meerut to grant recognition and attest the signatures of petitioner no. 2, i.e, the newly elected Manager of the Committee of Management of the Institution within a period to be specified by this Court and not to interfere in the functioning of the petitioners as the Committee of Management and Manager of Adarsh Kanya Inter College, District Meerut.
In pursuance to the previous order dated 2.9.2022, the Standing Counsel has received instructions in the matter and has handed over a copy of the same to the Court which is taken on record.
On the basis of his instructions, the Standing Counsel states that the claim of petitioner no. 2 to attest his signatures as Manager of the Committee of Management of the Institution has been rejected by the District Inspector of Schools - II, District Meerut vide his order dated 6.9.2022 on the ground that the elections of the Committee of Management claimed by the petitioner were not held in accordance with Clause - 9 of the Scheme of Administration. The order dated 6.9.2022 is also part of the instructions handed over by the Standing Counsel to the Court and is a part of the records of the present case.
Under the Government Order dated 19th December, 2000 read with Government Order dated 20th October, 2018, in case, there is any legal impediment in attesting the signatures of any person claiming himself to be the validly elected Manager of the Committee of Management of the Institution, the District Inspector of Schools is required to refer the matter to the Regional Level Committee and is not himself empowered to consider the validity of the elections held and consequently reject the application on the ground that the elections were not held in accordance with the procedure prescribed in the relevant rules.
As the order dated 6th September, 2022 passed by the District Inspector of Schools is contrary to the law stated above, it would serve no useful purpose to keep the petition pending and ask the petitioner to amend the petition by challenging the order dated 6.9.2022. The order dated 6.9.2022 passed by the District Inspector of Schools - II, District Meerut is part of the records of the case.
The order dated 6.9.2022 passed by the District Inspector of Schools - II, District Meerut is, hereby, quashed.
The District Inspector of Schools - II, District Meerut is directed to refer the matter relating to the elections of the Committee of Management of the Institution, i.e., Adarsh Kanya Inter College, Bheesham Nagar (Bhainsa), Mawana, District Meerut to the Regional Level Committee within one week from the date a certified copy of this order is produced before him. The Regional Level Committee shall decide the issue within a period of one month as required under the Government Order dated 20th October, 2018.
With the aforesaid observation, the petition is disposed of.
Order Date :- 12.9.2022 Satyam