JUDGMENT
Vineet Saran, J.
1. In this case the dispute is with regard to the control over the management of Ahmed Memorial Girls Intermediate College, which is run by a society named Adarsh Shiksha Samiti. By an order dated 20.11.2004, the Joint Director of Education recognized the election of the Committee of Management in which the respondent No. 6, Zakir Hussain was elected as manager. Challenging the said order, the petitioners filed Writ Petition No. 52943 of 2004, in which initially a conditional interim order had been granted on 20.12.2004, but thereafter on hearing the counsel for the parties, on 24.9.2005 this Court, by a detailed order, vacated the interim order, on the basis of which the petitioner No. 2 had continued to be in control of the affairs of the college. Thereafter, another Writ Petition No. 74989 of 2005 was filed by respondent No. 6 with the prayer for a direction in the nature of mandamus commanding the respondents therein to perform their statutory duty in handing over charge of the institution to the respondent No. 6 – petitioner therein. On considering the facts and circumstances of the case, in the said writ petition this Court passed an interim order on 12.12.2005 directing that “the respondent-authorities shall ensure that the petitioner is given charge of the institution immediately or they may show cause by the next date of listing.”
2. Now by means of this writ petition, the petitioners have challenged an order dated 10.8.2005 passed by the Superintendent of Police (City), Allahabad and also the order dated 8.9.2005 passed by the District Inspector of Schools (2), Allahabad, whereby directions have been issued that the charge of manager of the institution be given to Zakir Hussain.
3. I have heard Sri Ashok Khare, learned Senior Counsel, assisted by Chaudhary N.A. Khan appearing for the petitioners, as well as learned Standing Counsel appearing for respondents No. 1 to 5 and Sri S.S.Nigam, learned counsel appearing for the newly added respondent No. 6 and have perused the record.
4. The contention of Sri Khare is that under Section 16-A (7) of the U.P. Intermediate Education Act, 1921, the Joint Director of Education has power only to give recognition to the Committee of Management which is in effective control and not to give control of the institution to a Committee of Management which may have been recognized, but is not in effective control. It has thus been contended that the respondent-authorities cannot issue directions to hand over charge of the management of the institution to some other party, which has been done by the impugned orders.
5. Be that as it may, the petitioners do not dispute the position that by order dated 20.11.2004, the Joint Director of Education has recognized the election in which respondent No. 6 was elected as manager of the Committee of Management and that the signatures of respondent No. 6 as manager have also been attested by the District Inspector of Schools (2), Allahabad on 6.12.2004. The petitioners claim to have continued in control of the affairs of the College only by virtue of an interim order granted in Writ Petition No. 52943 of 2004, which has now been vacated. The petitioners have thus not been able to show that under what authority of law they can now continue to remain in control of management of the institution. There is no order by any educational authority or Court of law passed in their favour permitting them to continue to manage the affairs of the institution. The order by which respondent No. 6 has been recognized as elected manager of the college is not a matter of challenge in this writ petition. Even if the submission of the petitioners is accepted, that the U.P. Intermediate Education Act does not provide for the District Inspector of Schools to implement the orders passed by the educational authorities for giving effective control of the institution to a party, which may have been duly elected and recognized, then too such power would be assumed to be with the District Inspector of Schools to give effect to the provisions of the Act and orders passed there under. If such an action has been taken by the District Inspector of Schools to give control of the institution to the duly elected and recognized manager of the institution, this Court would, in any case, refuse to interfere in its extraordinary discretionary jurisdiction under Article 226 of the Constitution of India, for which it is necessary for the petitioners to show that, not only the law, but equity is also in their favour. In the present case, both the constituents are lacking, as the petitioner has not been able to show-as to under what authority he is claiming to continue as manager, nor has he been able to point out any illegality in the orders impugned in this writ petition.
6. As such, this writ petition is devoid of merit and is, accordingly, dismissed. No order as to costs.