Court No. - 39 Case :- WRIT - C No. - 37235 of 2010 Petitioner :- C/M Kisan Inter College And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Uma Nath Pandey,Pradeep Kumar Respondent Counsel :- C.S.C.,G.K. Singh Hon'ble Dilip Gupta,J.
The Committee of Management of Kisan Inter College,
Parshurampur, District Basti and Narendra Bahadur Singh have
filed this petition for setting aside the order dated 14th June, 2010
passed by the District Inspector of Schools, BAsti by which he has
ordered for single operation of the salary account of the Institution
since the order dated 15th February, 2010 earlier passed by him
not approving the election of the Committee of Management of the
Institution had attained finality.
It transpires that earlier an order dated 15th February, 2010 was
passed by the District Inspector of Schools by which none of the
two elections of the Committee of Management of the Institution
were approved and a direction was issued to hold fresh elections
from the list of electoral college obtained from the office of the
Assistant Registrar, Firms, Societies and Chits, Gorakhpur.
This order dated 15th February, 2010 passed by the District
Inspector of Schools was challenged by the petitioners in Writ
Petition No.10798 which was dismissed by this Court by the
judgment and order dated 25th February, 2010. The order is as
follows:-
“The Committee of Management of the Kisan Inter College, Parshurampur,
Basti and Narendra Bahadur Singh claiming himself to be its Manager have
filed this petition for setting aside the order dated 15th February, 2010 passed
by the District Inspector of Schools by which none of the two elections of the
Committee of Management of the Institution have been approved and a
direction has been issued to hold fresh election from the list of electoral
College obtained from the office of the Assistant Registrar, Firms, Societies
and Chits, Gorakhpur after demanding an Observer and giving due intimation
to the members of the General Body by registered post.
It is stated in the writ petition that the elections of the Committee of
Management were held on 18th October, 2009 in which Narendra Bahadur
Singh was elected as the Manager. The District Inspector of Schools has
observed, after examining the documents on record, that the elections were
not held from the valid electoral College and that due notice of the election
proceedings had not been sent by the registered post or published in the
newspapers.
Sri Pradeep Kumar, learned counsel appearing for the petitioners submitted
that even in the earlier election held in 2006, the Committee of Management
with Narendra Bahadur Singh was approved and the subsequent election was
held on 18th October, 2009 in the presence of an Observer who also
submitted a report regarding the holding of the election, but the District
Inspector of Schools committed an illegality in not accepting the said election
merely on the ground that proper intimation was not given to the members of
the General Body.
The District Inspector of Schools has recorded a finding that intimation for
holding of the election was not sent to the members of the General Body by
registered post and nor was it published and all that has been stated in
paragraph 13 of the writ petition, which has been sworn on the basis of the
personal knowledge, is that the agenda of the election schedule was duly
served upon all the members of the General Body according to the Scheme of
Administration under certificate of posting as well as through Special
Messenger. There is nothing on the record to show as to how it was served
personally or through post. Inasmuch as proper intimation of the election was
not given to the members of the General Body, the election cannot be said to
be validly held and, therefore, there is no infirmity in the order passed by the
District Inspector of Schools refusing to recognise the election.
Learned counsel for the petitioners further submitted that in terms of the
Government Order dated 20th October, 2008, the District Inspector of
Schools should have referred the dispute to the Regional Level Committee. A
perusal of the Government Order indicates that it is only when there is a legal
impediment that the District Inspector of Schools has to refer the dispute to
the Regional Level Committee. No such legal impediment has been point out
by learned counsel for the petitioners.
There is, therefore, no infirmity in the order passed by the District Inspector
of Schools.
The writ petition is, accordingly, dismissed.”
It is in view of the aforesaid order dated 15th February, 2010 that
the District Inspector of Schools has now passed an order for
single operation of the salary account of the Institution and has
further ordered that the petitioner should obtain the list of electoral
college from the office of the Assistant Registrar and hold the
election within one month. Inasmuch as the order dated 15th
February, 2010 had attained finality, there is no infirmity in the
impugned order.
The writ petition is, accordingly, dismissed.
Order Date :- 6.7.2010
SK