JUDGMENT
A.K. Yog, J.
1. The Arya Kanya Pathshala Inter College, Roorki, district Harldwar is a recognised Intermediate Girls Institution under U. P. Intermediate Education Act, 1981 (the Act). It is managed according to the provisions of the Act. a newly provided scheme of administration framed under the Act (Annexure-1). One Virendra Kumar Gupta, alleging to be the Manager of the Committee of Management (petitioner No. 1) has filed this writ petition to challenge the impugned order dated 30/31.7.1999 (Annexure-11) passed by the Dy. Director of -Education (Secondary), Saharanpur Region, Saharanpur. The contesting Committee of Management allegedly represented by one Hari Narayan Mehrotra, who is impleaded as respondent No. 4 and is represented by Shri Arun Kumar. Advocate. respondent Nos. 1, 2 and 3 are represented by standing counsel. Since there is no dispute on fact, the present writ petition is decided finally at the admission stage as contemplated in the rules of the Court.
2. Admittedly, elections were due and Shri Virendra Kumar Gupta (petitioner No. 2) initiated the process of holding elections as contemplated under the scheme of administration of the college. Admittedly, both the contesting parties and their supporters participated in the said process of election which was held by the election approved by the District inspector of Schools.
3. Till the stage of holding of elections of members of Committee of
Management by the said election officer, Hari Narayan Mehrotra (claiming to be the Manager of the Committee of Management-respondent No. 4) participated in the same. After members were elected, the election officer was required to get elections held by convening a meeting of the newly elected members for electing office bearers. But since the Election Officer was out of station on the said day, i.e.. 20.6.1999, the outgoing Manager on 19.6.1999 postponed it to 23.6.1999.
4. It appears that Hari Narayan Mehrotra and his supporters were opposed to it and they held elections of the office bearers on the date originally fixed, i.e., June 20, 1999.
5. The Dy. Director of Education (Secondary)-respondent No. 1 has referred in the impugned order that there was an affidavit dated 24th June, 1999 submitted by VIrendra Kumar Gupta which shows that he was in effective control of the College. However, the said authority has recorded no finding on the same.
6. Dy. Director of Education, in his impugned order dated 30/31.7.1999 refused to recognise the election held on June 20, 1999 on the ground that the same was not conducted under supervision of the Election Officer.
7. The said authority also came to the conclusion that the elections of office bearers, said to have been held on June 23, 1999 proclaimed by the present petitioners could not be recognised as only six members participated in the said election.
8. The Dy. Director of Education (Secondary) do not find the meeting and the election held on 23rd June, 1999 to be bad or suffering from any other illegality except that only six members had participated.
9. The Director of Education did not mention in the impugned order that six members out of total 14 members were not sufficient to form a quorum. The conclusion arrived cannot be sustained under law. If law permits such a meeting and for taking decisions, then it cannot be denied.
10. Learned counsel for respondent No. 4 submitted that all the 14 members should have been present in the meeting for electing office bearers. It is a matter of common knowledge that functioning of a body cannot be frustrated if a few members do not participate in the process. Whether a decision taken in a meeting is valid or not. the criterion is to find out whether the decision was taken when there was requisite quorum.
11. The Dy. Director of Education has not applied his mind to the question from this aspect and thus committed manifest error apparent on the face of record.
12. The learned counsel for the petitioner also submitted that the observation that only six members have participated in the impugned order is not correct and is against record. Joint Director may, if required, enquire and ascertain correct number of the members participating In the alleged election meeting held on 23rd June. 1999.
13. In view of the above, I quash the impugned order dated 30/31.7.1999 (Annexure-II) passed by the Dy. Director of Education (Secondary) Saharanpur Region, Saharanpur and direct the said authority to decide the matter afresh by a reasoned order and in accordance with law within six weeks of filing a certified copy of this. judgment.
14. Since the contesting parties are represented through counsel, I direct them to appear before Joint Director of .Education on 6th September, 1999, file a certified copy of this judgment so as to enable the said authority to fix further date and ensure that the case is decided within the time stipulated in this Judgment.
15. All the orders passed in consequence to the impugned order are also quashed. All the parties are directed to maintain status quo which prevailed Immediately preceding 31st July, 1999.
16. Writ petition stands allowed subject to the direction made above. No order as to costs.