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Judgment
The last election of the Committee of Management of Tyagi Inter College, Ainchwara, District Banda was heldon 2391990. Papers were sent to the District Inspector of Schools for recognition of the election and for attesting the signature of the elected Manager. The matter remained pending. No decision was taken by him.
In the meantime the Deputy Director of Education passed an order on 5101990 appointing an Administrator for a period of 90 days. This order was further extended for another period of 90 days on 1511991. Thus the order of appointment of Administrator remained operative from 5101990 to 2131991.
Since the election was held on 2391990, in normal course it will be presumed that the new committee of management started functioning with effect from 2491990. There is no material on record to esablish that the Administrator took over charge on 5101990 and functioned till 2131991, though the appointment orders are there on record.
Atleast there was no embargo in the way of newly elected committee to function from 2491990 to 51090. The attestation of signature was under consideration by the District Inspector of Schools. He attested the signature of Sri Hanuman Prasad, elected Manager, on 12491. The attestation of signature is only or the purpose of distribution of salary under the payment of Salaries Act. The functioning of the committee is not only for disbursement of salary. Under no stretch of imagination the date of attestation of signature could be the starting point of the life of the committee of management.
In the eyes of law the newly elected committee of management will be deemed to have started functioning on 2491990. Even if the functioning remained suspended from 5101990 to 2131991 that will not make any difference as once the functioning of the committee of management has started, the life of the committee cannot be arrested by subsequent orders. It will have only three years and one month''s life from 24990.
Even if for the sake of argument it is accepted that the committee could not function for 180 days from 5101990 to 2131991, then on the own showing of the petitioner it will cease to have any right to function after 2231994, though this contention is not acceptable to me.
The election dated 2391990 was challenged before this court in Civil Misc. Writ Petition No. 26403 of 1990 which was disposed of on 15101990 directiag the Deputy Director of Education to decide the dispute under Section 16A(7) of the U. P. Intermediate Education Act within a period of three months. In pursuance of that order the matter was decided on 1241991 and he found that the election held on 2391990 was a valid one. The District Inspector of Schools accordingly attested the signature of Sri Hanuman Prasad the elected Manager on 12491.
In the meantime Sri Hanuman Prasad died on 711993. The petitioner no. 2 who was Deputy Manager, took over as Manager and his signature was attested by the District Inspector of Schools. The petitio�ner''s case is that the committee of management is entitled to function till 2441994 but this claim is misconceived.
The Director of Education passed an order on 721994 appointing the opposite party no. 3 as Prabandh Sanchalak on the ground that the term of the committee of management expired on 2291993.
The petitioner has challenged the said order on the ground that according to clause 8 of the scheme of Administration the life of the committee is three years which cannot be curtailed under any circums�tance. Since on account of the orders dated 5101990 and 1511991 the petitioner could not function for 180 days and therefore the petitioner will be entitled to function for complete three years. While computing three years the period of 180 days are to be added.
In support of his contention the learned counsel for the petitioner has relied upon a decision reported in 1991(2) UPLBEC 1183 Committee of Management, Jangali Baba Intermediate College v. Dy. Director of Education and others. The case of the petitioner in that case was that fresh election was held on 771985 but on account of the stay order obtained by the respondents, the committee of management could not work. The writ peti�tion was dismissed on 2471986. Since the committee of management on account of the stay order passed by the Court, was not allowed to function, the period of three years could only expire after July 1989 and the said period would only start from the date when the petitioner took over charge.
The Court while examining the merit of that case was of the view that the scheme of administration provided the life of committee of mana�gement as three years. The scheme of administration has been framed under the U. P. Intermediate Education Act and the language used therein for the life of committee of management was mandatory. The Court was of the view that if the duly elected committee of management is not made to take charge of the office even for a single day in view of the stay order passed by the Court, then the period of three years and one month would not start from the date of such election. Accordingly it was held that the period of the committee of management would start running either from the date of election validly held where the period of earlier committee of management has already come to an end prior to this date and there being no dispute, or from the date the elected committee takes over the charge of the management It was further held that the day such elected committee of management took over charge and started functioning, the period starts running. The Deputy Director of Education was directed to go into the question of recording a finding on the question of the validity of the elec�tion and also to record a clear finding as to what was the starting time of the life of the committee of management.
It may be highlighted that the election in the instant case took place on 2391990. The committee of management could take the charge immediately thereafter. There was no order against the petitioner for 12 days. The Deputy Director of Education passed the order on 5101990 appointing an Administrator for 90 days. So it will be presumed that the petitioner started functioning from 2491990 and there is no material on record that it stopped functioning after the administrator was appointed.
ThePrabandh Sanchalak appointed by the impugned order has only been directed to proceed with the process of election to be held in accordance with law. I find no illegality in the order.
No useful purpose will be served by interfering with the matter as the life of the committee of management has already expired. The con�tention of the petitioner that it will expire on 2031994 has no merit.
Another point raised by the learned counsel for the petitioner was that no opportunity of hearing was afforded to the petitioner before pass�ing the impugned order appointing Prabandh Sanchalak. Except by raising this bare argument he has not developed the same ror produced any autho�rity or any provision of law under which he was entitled for such an opportunity. If the principle of natural justice is extended in the case of holding fresh election, then the entire purpose would be frustrated. Application of principle of natural justice will lead to injustice. The petitioner has no right to be heard before passing the order under clause 8 of the Scheme of Administration appointing Prabandh Sanchalak.
In the present case since there was neither any stay order from the Court nor from any higher authority, the committee of management will be deemed to have started functioning from 2491990 and the period of three years will be reckoned from 2491990. Accordingly the period has come to an end and the opposite party is justified in appointing the Pra�bandh Sanchalak for holding the election.
I am of the view that the impugned order does not suffer from any illegality. The writ petition, being devoid of merit, is hereby dismissed.
(Petition dismissed.)