Hon’ble Dilip Gupta, J.—This petition seeks the quashing of the order dated 15th October, 2009 passed by the Authorised Controller of the Khalsa Inter College, Noorpur, District Bijnor by which he has determined the list of 281 life members of the General Body entitled to participate in the election of the Committee of Management of the Institution. The petitioners have sought a further direction that the Authorised Controller should continue in the Institution till the valid electoral roll is determined and the election of the Committee of Management of the Institution is held.

2. It is asserted in the writ petition that Khalsa Inter College, Noorpur, District Bijnor (hereinafter referred to as the ‘Institution’) is a minority Institution which is run by the “Sikh Vidhya Sabha Noorpur, District Bijnor” and is governed by the provisions of the U.P. Intermediate Education Act, 1921. Under Clause 7 of the Scheme of Administration of the Institution, the term of the Committee of Management of the Institution is three years from the date of election. In the election of the Committee of Management of the Institution held on 3rd February, 2005, Dr. Shrawan Singh was elected as the Manager and Dr. Mahendra Pratap Singh was elected as the President. However, the Committee of Management elected on 3rd February, 2005 amended Clauses 7 and 8(2) of the Scheme of Administration and extended the term of the Committee of Management from three years to five years and the Joint Director of Education, Moradabad also granted approval to the said amendments on 13th September, 2007. The District Inspector of Schools, however, passed an order on 16th January, 2008 that the amendments made in the Scheme of Administration regarding the extension of the term of the Committee of Management of the Institution from three years to five years would be applicable from the next election of the Committee of Management and would not apply to the term of the existing Committee of Management.

3. This order dated 16th January, 2008 passed by the District Inspector of Schools was challenged by the Committee of Management in Writ Petition No. 18926 of 2008 in which an interim order was passed on 17th April, 2008 staying the operation of the order dated 16th January, 2008 but ultimately the said petition was dismissed by the judgment and order dated 27th May, 2009.

4. It is further asserted that under Clause 7 of the Scheme of Administration of the Institution, it is provided that if fresh election is not held within three years, then the Committee of Management can continue for one more month but if within this extended period of one month, decision on fresh election is not taken, then the term of the existing Committee of Management will come to an end and an Authorised Controller shall be appointed by the Joint Director of Education from amongst the office bearers of the erstwhile Committee of Management who shall hand over charge to the newly elected Committee of Management but if election has not been held, then he shall hold the election and give the charge to the newly elected Committee of Management at the earliest.

5. Consequently, upon dismissal of Writ Petition No. 18926 of 2008, the Regional Joint Director of Education appointed Harjeet Singh, a member of the erstwhile Committee of Management of the Institution, as the Authorised Controller.

6. The appointment of Harjeet Singh as the Authorised Controller was challenged by Dr. Sharawn Singh in Writ Petition No. 31969 of 2009 which was disposed of with the consent of the parties by the judgment and order dated 2nd July, 2009 with the following observations :

“Accordingly, with consent of the learned counsel for the parties it is directed that the Joint Director of Education shall request the District Magistrate, Bijnor to appoint an officer, not below the rank of Sub Divisional Magistrate, as authorized controller to manage the affairs of the institution and to hold the elections of the Committee