Committee of Management K.S.Inter College,Kuralasi,Muzaffar Nagar and Anr. vs Regional Deputy Director of Education (Secondary),Meerut Region,Meerut & Ors.

S. C. Verma, J.—The institution K.S. Inter College, Kuralasi, Muzaffar Nagar is a recognised institution under the provisions of U.P. Intermediate Education Act and the provisions of U.P. Act No. 24 of 1971 are also applicable. The last recognised committee of management was constituted through election held on 2841994, of which Dharam Pal was recognised as Manager of the institution, by the District Inspector of Schools through order dated 351994. After the completion of the tenure of the elected committee of management, it has been alleged that fresh elections of the committee of management took place on 9397 in which Ram Naresh Singh was elected as Manager. The signatures of Ram Naresh Singh have also been attested by the District Inspector of Schools by order dated 561997 and the salary payment bill under his signatures was accepted by the District Inspector of Schools and payment of salary was being made to the teachers and other employees of the institution.

It appears that the elections held on 9397 were challenged in some proceedings before the Civil Judge, Muzaffar Nagar in case No. 158 of 1997, Deputy Manager Genda Singh v. Committee of Management & Anr. and civil Suit No. 194 of 1997, Ratan Singh v. Committee of Management, was instituted. Both the cases are pending and no restraint order or injunction order has been passed restraining the members of the Committee of Management to function and manage the affairs of the institution. The Deputy Director of Education by an order dated 25697 appointed one Smt. Kusum Lata Gupta, Associate District Inspector of Schools as Administrator to manage the affairs to the institution. The reason given in the impugned order for this action appears to be the expiry of the tenure of the Committee of Management as also the pendency of Suit No. 194 of 1997. The order dated 25697 has been challenged in Writ Petition No. 23595 of 1997 by the Committee of Management of which Ram Naresh Singh was elected as Manager and whose signatures were also attested by the District Inspector of .Schools. An interim order dated 2371997 was passed staying the operation of the order dated 2561997. The interim order was time bound and is not operating at present.

In the meantime the District Inspector of Schools after taking note of all the above facts passed an order of single operation under Section 5 of U.P. Act No. 24 of 1971. The order of single operation was passed mainly for the reason that Suit No. 194 of 1997 was pending before the Civil Court in which the election of the Committee of Management held 931997 was challenged. The District Inspector of Schools was also of the opinion that by attesting the signatures of Ram Naresh Singh as Manager by an order dated 561997 he has not considered the validity of the election held on 931997. On the face of it, the order of District Inspector of Schools is illegal inasmuch as at the time when the signatures of the Manager were attested on the basis of fresh election of the Committee of Management. The District Inspector of Schools is supposed to consider prima facie the validity of the election and then grant approval for administrative purposes and attest the signatures of the elected Manager. The Hon''ble High Court has indicated the requirements for attestation of signatures in catena of decisions in which District Inspector of Schools has also, prima facie, to consider the validity of the election of the Committee of Management for attestation of the signatures of the Manager for administrative purposes. It may be noted that up to this date no restraint order has been passed by the Civil Court nor there is any final order passed in Civil Suit No. 194 of 1997. Proceedings under Section 16A (7) of the U.P. Intermediate Education Act can always be initiated by the parties and adjudication can be done by the Deputy/Joint Director of Education with regard to the fact as to which of the two rival Committees of Management has been duly elected and is managing the affairs of the institution.

On the facts and circumstances of the case, I am of the opinion that as long as the validity of the elections of the Committee of Management held on 931997 has not been considered in accordance with law, there was no justification of the part of the Deputy Director of Education to have appointed an Administrator to Manage the affairs of the institution. 1 accordingly quash the order dated 2561997.1 further direct the District Inspector of Schools to consider prima facie the validity of the elections held on 931997 of the Committee of Management for administrative purposes, as indicated above and there after pass appropriate orders. The District Inspector of Schools is directed to pass final orders after procuring relevant record with in one month of filing a certified copy of this order.

With the above direction, the Writ Petition No. 29472 of 1997 is disposed of and Writ Petition No. 23595 of 1997 is allowed.