Committee of Management, Ayodhya Prasad Inter College and Another vs State of U.P. and Others

Rakesh Tiwari, J.—Heard learned Counsel for the parties.

Ayodhya Prasad Inter College, Hat Samsabad, Agra is a Society registered under the Societies Registration Act, 1860. The said Society runs and administers a recognized and aided education institution under the name of Ayodhya Prasad Inter College, Hat Samsabad, Agra. The Society and Committee of Management of the institution are covered by bye-laws and Scheme of Administration. The term of Committee of Management is of three years.

The Petitioner is aggrieved by order dated 6.12.2007, passed by the Regional Joint Director of Education, Agra by which it has been directed that fresh elections for constituting the Committee of Management held within a period of two months from the date of orders. The order dated 6.12.2007 containing the reasons for holding fresh election is as under:

other language

The aforesaid orders passed by the Regional Joint Director of Education, Agra appended as Annexure-15 to the writ petition, is assailed on the ground that it is without jurisdiction as there does not exist any provision in law under which the Joint Director of Education could have passed the aforesaid order.

Sri Ashok Khare, learned senior advocate assisted by Sri V. D. Shukla has urged that the order impugned is without jurisdiction and has been passed without affording any opportunity to the Petitioner in violation of settled principles of natural justice. It is also stated that at no point of time the report of District Inspector of School had ever been supplied to the Petitioner hence reliance placed upon the said report by the authority in the recital in the impugned order that the Committee of Management has become time barred is incorrect and is an ex parte.

It is urged by him that elections of Committee of Management have been held periodically within three years and that the Petitioner-Committee of Management has been discharging all functions of the Committee of Management without any objection from the authority of the Education Department.

A perusal of the aforesaid order quoted above shows that the authority has found that no election has been held since 1994 and that no evidence whatsoever has been produced by the Petitioner.

The contention of Sri Ashok Khare that no opportunity has been given to the Petitioner. There is no occasion for the Petitioner to have produced any evidence regarding elections held by the Petitioner-Committee of Management has no force as it appears from the order that inspite of opportunity, the Petitioners had not given any evidence. Even otherwise when the query was put to the learned Counsel for the Petitioner as to what evidence is there about holding of elections in the writ petition regarding elections after 1994, it has been clearly stated that the Petitioner had been continuously working since 1994 without any objection from any education authority and though no elections have been held since 1994 yet Petitioners authority has been recognised by the education authority. He also drawn the attention of the Court to Annexures-6A to 6E, which according to him are copies of election proceedings. It appears from vide his letter dated 23.11.2007 though some election proceedings have been filed but in fact no election has taken place since 1994 and the Committee of Management has become time barred.

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Sri Khare then has relied upon the letter dated 7.11.2007 appended as Annexure-14 to the writ petition is as under:

From the perusal of this letter also it is evident that the Petitioner claims that he has been continuously elected as Manager of the College but it is nowhere averred in the letter that he had been working since 1994 as Manager on the basis of elections held by the Committee of Management from time to time.

In my opinion since the Petitioner has not been able to establish before the authority or before this Court that it had held valid elections from time to time since 1994 in accordance with law as prescribed in the Scheme of Administration and on an inquiry, the District Inspector of School, Agra has found that the committee had infact become time barred, no interference is required in the matter. Merely because the Petitioner had been working on basis of election no interference is required in the order impugned dated 6.12.2007, passed by the Joint Director hold the committee to be time barred and for holding fresh election within two months in accordance with law.

For the reason stated above, the writ petition is dismissed.