Allahabad High Court
Committee Of Management, Mubarakpur ... vs Regional Deputy Director Of Education ... on 6 February, 1997
Equivalent citations: (1997)1UPLBEC412, 1997 ALL. L. J. 1093, 1998 A I H C 2594, (1997) 2 ALL WC 1210, (1997) 30 ALL LR 200, (1997) 2 ESC 783, (1997) 1 UPLBEC 412
Author: S.P. Srivastava
Bench: S.P. Srivastava
JUDGMENT S.P. Srivastava, J.
1. Heard the learned counsel for the petitioners and the learned Counsel representing the caveator respondents who has put in appearance representing the respondent No. 3 and the learned Counsel representing the respondent No. 5.
2. Perused the record.
3. The petitioners feel aggrieved by an order dated 11-7-1996, passed by the Regional Deputy Director of Education disposing of the representations directed against the order of the District Inspector of Schools dated 10-7-1995 upholding the order passed by the District Inspector of Schools granting recognition to the committee of management with Parvez Ahmad as its Manager for the administrative purposes.
4. The aforesaid representations had been disposed of by the respondent authority in accordance with the directions issued by this Court in its order dated 6-9-1995, passed in Civil Misc., Writ Petition No. 20674 of 1995 as affirmed by the appellate order dated 20-10-1995, passed in special appeal No. 819 of 1995 acting within the ambit of the scope of jurisdiction as clarified in the decision of this Court in the case of Shankar Husain and Anr. v. Deputy Director of Education and Ors. (Civil Misc. Writ Petition No, 38185 of 1993, decided on 20th October, 1993).
5. It may be noticed that the tenure of the last recognised committee of management expired in the month of July, 1993. According to the petitioners the committee of management with Mohammad Imran as its Manager had been elected on 11-9-1994. The committee which had been granted recognition had been elected on 30-10-1994.
6. The Regional Deputy Director of Education has found that the order passed by Smt. Shanti Singh relied upon by the petitioner had been passed while she was holding the additional charge of the District Inspector of Schools and was an ante-dated order. The Regional Deputy Director of Education has further found that the election held on 30-10-1994 had taken place in the presence of the observer sent by the District Inspector of Schools and the committee of management elected on that date had been in effective control of the institution. He has also found that the election held on 3040-1994 had been held after obtaining the approval of the District Inspector of Schools.
7. Considering the facts and circumstances brought on record, no justifiable ground has been made out calling for any interference in the aforesaid findings, while exercising the extra-ordinary jurisdiction envisaged under Article 226 of the Constitution of India.
8. It has been strenuously urged that the tenure of the last recognised committee of management having expired the election for constituting a committee of management could be held only by a Prabandh Sanchalak nominated by a Deputy Director of Education and none else. What has been contended is that in the aforesaid circumstances, it was not open to the Regional Deputy Director of Education to grant the recognition to a committee of management which had not been elected in an election proceeding initiated and conducted by the Prabandh Sanchalak appointed by the Regional Deputy Director of Education which in the present case was never done.
9. The question as to whether a committee of management elected at a time beyond the expiry of the period of tenure of the last recognised committee of management as provided for in the approved scheme of administration but before the appointment of a Prabandh Sanchalak by a Regional Deputy Director of Education could be recognised as a duly constituted committee of management for administrative purposes, as envisaged in the Regulations framed under the provisions of the U. P. Intermediate Education Act was considered by this Court in its decision in the case of Committee of Management, Aley Ahmad Girls Inter College and Anr. v. Deputy Director of Education, (Civil Misc. Writ Petition No. 10869/96. decided on 15-11-1996). As noticed in the aforesaid decision the out going committee if management could be treated to be functional in law even after the expiry of the period of tenure provided there for In the approved scheme of administration and election having been held complying with the conditions as referred to in the aforesaid decision, could be recognised for the administrative purposes. The ratio of the aforesaid decision can safely be extended to the facts and circumstances as involved in the present case and the election in question having been held during the period of the interregnum as indicated in the decision in the case of Committee of Management Aley Ahmed and Anr. (supra) could be recognised by the District Inspector of Schools for administrative purposes specially when the said election had been held with the approval of the District Inspector of Schools.
10. In any view of the matters, the recognition granted by the District Inspector of Schools to the committee of management elected on 30-10-1994 is always subject to the result of a regular suit.
11. In the circumstances, indicated herein above, I do not find any justifiable ground for any interference by this Court, while exercising the extra-ordinary jurisdiction envisaged under Article 226 of the Constitution of India.
12. The writ petition is accordingly dismissed.