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2010 Supreme(All) 787
[2010(2) ADJ 470]
ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA, J.
COMMITTEE OF MANAGEMENT OF V.V. INTER COLLEGE, SHAMLI, DIST. MUZAFFARNAGAR AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 19210 of 2006, decided on 8th February, 2010)
Counsel :
G.K. Singh for the Petitioners; S.C. for Respondents 1 to 5; Ashok Khare, Sr. Adv., assisted by P.N. Ojha for the Respondents 6, 7 and 8.
Headnote:Salary Account—Single operation—Of Institution, Petitioner-College—Petition by Committee of Management (Petitioner) for quashing order, passed by D.I.O.S. directing for Single operation of salary account of Institution under Section 5(1) of U.P.H.S. and I Colleges (Payment of Salaries of Teachers and Other Employees) Act of 1971—Before passing an order of Single Operation of account, D.I.O.S. must give opportunity to C.O.M. (Petitioner)—Incumbent upon D.I.O.S. to have afforded opportunity to Manager of Institution (C.O.M.) under whose signature payment of salary was earlier made, but that was not done—Thus, impugned order cannot be sustained—D.I.O.S. attested signature of petitioner-2 as Manager of C.O.M. on 17.2.2003—Thus, it was not possible for petitioner-C.O.M. to take over charge on 23.1.2002, and nor is it the case of respondent that C.O.M. took charge on that date—Election of C.O.M. was held on 2.2.2006 prior to expiry of term of earlier C.O.M. on 16.3.2006—Therefore, impugned order, passed by D.I.O.S. set aside. [Paras 8, 17, 18, 19, 23, 25 and 26]
Result; Petition Allowed.
Hon’ble Dilip Gupta, J.—The Committee of Management of V.V. Inter College, Shamli, District Muzaffar Nagar and Sanjay Kumar Sangal claiming himself to be its Manager have filed this petition for quashing the order dated 28th March, 2006 passed by the District Inspector of Schools, Muzaffarnagar by which he has directed for single operation of the salary account of the Institution under Section 5(1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the ‘1971 Act’).
2. It is stated that the Society “Vaish College, Shamli”, which is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ‘Act’), runs two Colleges namely V.V. Inter College, Shamli (hereinafter referred to as the ‘Institution’) and V.V. Post Graduate College, Shamli.
3. The dispute in the present petition is about the Committee of Management of the Intermediate Institution. This Institution has an approved Scheme of Administration. It was amended in 1983. Under Clause 7 of the amended Scheme of Administration of the Institution, the term of office bearers and members of the Committee of Management is three years but the office bearers can continue for one month after the expiry of the term. However, if the new Committee of Management does not take charge even within this extended period of one month, then the term of the Committee of Management shall automatically come to an end and the Deputy Director of Education shall appoint an Authorised Controller to hold the election so that charge is given to the newly elected Committee of Management at the earliest. It is further provided that if more than one Committee claims to be elected, then the matter shall be referred to the Deputy Director of Education whose decision shall be final.
4. Dispute had arisen about the Committee of Management elected in the year 1998 and on 2nd November, 2001 since the term of the Committee of Management elected earlier had come to an end, a Prabandh Sanchalak was appointed to manage the affairs of the Institution and hold the fresh elections of the Committee of Management. The election of the Committee of Management was held under the supervision of the Prabandha Sanchalak on 5th December, 2001, but in respect of this election Original Suit No. 208 of 2001 was filed by Deepak Jain in which temporary injunction was granted restraining the Prabandha Sanchalak from declaring the result of the election. This temporary injunction was vacated on 17th January, 2002 and the Prabandha Sanchalak declared the result of the election of the Committee of Management of the Institution on 23rd January, 2002.
5. The matter was placed before the Regional Level Committee, which in its meeting held on 13th February, 2003, granted approval to the election of the Committee of Management held on 5th December, 2001 in which petitioner No. 2 Sanjay Kumar Sangal was elected as the Manager, though with a rider that the approval was subject to the result of Writ Petition No. 50069 of 1999. This Writ Petition No. 50069 of 1995 relates to the dispute regarding the members of the Society.
6. Pursuant to the decision taken by the Regional Level Committee on 13th February, 2003, the District Inspector of Schools attested the signatures of petitioner No. 2 Sanjay Kumar Sangal as the Manager on 17th February, 2003. It is the case of the petitioners that thereafter charge of the Institution was handed over to the petitioner-Committee of Management by the Prabandha Sanchalak. It is for this reason that the petitioner-Committee of Management asserts that the term of three years shall commence from 17th February, 2003 and continue upto 17th February, 2006.
7. A meeting of the Committee of Management was, therefore, convened on 29th December, 2005 for holding fresh elections in which the election programme and the names of the election officers were finalised. The papers w
