Court No. - 39 Case :- WRIT - C No. - 306 of 2010 Petitioner :- C/M Town Inter College Thru' Its Manager & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.M. Mishra Respondent Counsel :- C.S.C.,R.N. Yadav Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 24th
April, 2009 passed by the District Inspector of Schools, Mau as
well as a direction upon the respondents to ensure compliance of
the order dated 22nd June, 2009 passed by the Director of
Education (Madhyamik), Allahabad. The petitioners have also
sought a direction upon the Joint Director of Education, Azamgarh
Region Azamgarh to decide the dispute of the Committee of
Management referred to him on 13th September, 2006 as well as
the present dispute with regard to the elections held in 2009.
The records of the writ petition indicate that in respect of the
elections held for the year 2006, two rival Committees set up their
claim for recognition and the District Inspector of Schools by his
order dated 13th September, 2006 referred the matter to the Joint
Director of Education, Azamgarh Region Azamgarh. The records
also indicate that in respect of the elections held in the year 2009
the respondent-Committee of Management held elections and the
District Inspector of Schools by his order dated 24th April, 2009
attested the signatures of the Manager of the respondent-
Committee of Management. The case set up by the petitioners is
that they had also held elections on 7th March, 2008 and the
papers were submitted in the office of the District Inspector of
Schools on 11th March, 2009 but without considering the said
election, the District Inspector of Schools recognized the election
held by the respondent-Committee of Management by the order
dated 24th April, 2009.
It transpires that subsequently the petitioners filed a representation
before the Joint Director of Education, Azamgarh Region
Azamgarh, who passed an order on 2nd May, 2009 in favour of the
petitioner-Committee of Management but this order was recalled
subsequently by the order dated 2nd May, 2009. The petitioners
then filed a representation before the Director of Education
(Madhyamik) Allahabad who passed an order on 22nd June, 2009
for maintaining status quo. According to the respondents, the order
dated 22nd June, 2009 has been recalled by the Director of
Education (Madhyamik) Allahabad.
I have heard Sri G.K. Singh, learned counsel for the petitioners
and Sri Ashok Khare, learned Senior Counsel for the respondents.
Sri G.K.Singh, learned counsel appearing for the petitioners
submitted that the dispute regarding the election held in 2006 has
not been decided and even the dispute regarding the election held
in 2009 is pending before the Joint Director of Education. He,
therefore, submits that the Joint Director of Education who is the
Chairman of the Regional Committee should have referred the
matter to the Regional Committee for consideration but that has
not been done.
Sri Ashok Khare, learned Senior Counsel appearing for the
respondent-Committee of Management, however, submits that the
petitioners have not placed before the Court the relevant orders
dated 16th January, 2009, 18th March, 2009 and 4th April, 2009
and in the facts and circumstances of the case when they
themselves had not approached the Regional Committee and have
filed representations before the Joint Director of Education and
Director of Education (Madhyamik), the matter is not required to
be referred to the Regional Committee. He further submits that the
petitioners have failed to establish that they had held the elections
on 7th March, 2008 as no document has been filed in support of
the said election.
I have carefully considered the submissions advanced by learned
counsel for the parties.
The District Inspector of Schools has recognized the respondent-
Committee of Management by the order dated 22nd April, 2009. It
is the case of the petitioners that they had also held election which
has not been taken into consideration by the District Inspector of
Schools. The petitioners have represented their matter to the Joint
Director of Education who is the Chairman of the Regional
Committee. The contention of the respondent-Committee of
Management is that the Regional Committee does not have the
jurisdiction. This objection can also be examined by the Regional
Committee as also other objections.
The writ petition is, accordingly, disposed of with a direction to
the Regional Committee to decide the matter expeditiously after
according adequate opportunity to the petitioners as also the
respondent-Committee of Management and it shall be open to the
respondent-Committee of Management to raise all the objections
before the Regional Committee including the objection that the
Regional Committee does not have the jurisdiction to decide the
matter.
It is made clear that this Court has not adjudicated upon the merits
of the case, which shall be considered by the Regional Committee
in accordance with law.
Order Date :- 7.1.2010
NSC