Importance of recognizing elections for the Committee of Management and the need for natural justice in decision-making processes.

( 1 ) HEARD Sri Prabhakar Awasthi on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 5 and Sri V. K. Dixit on the behalf of the caveator.

( 2 ) PANCHAYAT Raj Inter College, Bada Gaon, Shahjahanpur is an added and recognized institution under the provisions of the Intermediate Education Act. The provisions of the said Act as well as those of U. P. High Schools and Intermediate Colleges (Teachers and other Employees) (Payment of Salary) Act, 1971 are fully applicable to the teachers and employees of the said institution. The institution is run and managed in accordance with the approved Scheme of Administration.

( 3 ) IT is not in dispute that last recognized elections of the Committee of Management had taken place on 26th February, 2001. The said elections were duly recognized by the educational authorities vide order dated 8th March, 2001 Under Clause 8 of the Scheme of Administration, the term of the elected Committee of Management has been provided as 3 years with a grace period of one month and after expiry of the said period of the Committee of Management becomes time bared automatically and a Prabandh Sanchalak has to be appointed for the purposes of getting a fresh election held and if elections have already taken place then to handover the charge to duly recognized Committee of Management.

( 4 ) ON behalf of the petitioner it is contended that in the last elections of the Committee of management, which were held on 26th February, 2001, petitioner Rajendra Prasad Dixit was elected as the Manager. The process for holding fresh election of the Committee of Management were initiated prior to the expiry of the prescribed term of three years one month. The said elections were completed on 30th March, 2004 strictly in accordance with the provisions of the approved Scheme of Administration. All the papers for recognition of the aforesaid elections, were transmitted through the office of the District Inspector of Schools for being placed before the Regional Level Committee, constituted under the Government Order dated 19th December, 2000. The Regional Level Committee, for the reasons best known to it, has not considered the legality or otherwise of the aforesaid elections.

( 5 ) ACCORDING to petitioner, on one hand the aforesaid Regional Level Committee has not considered the papers submitted by the Committee of Management in respect of the afresh elections, despite the same having been transmitted through the office of the District Inspector of schools, as it apparent from the letter dated 5th May, 2004 (Annexure-11 to writ petition) on the other hand the District Inspector of Schools has now passed an order directing single operation of the account under Section 5 of the U. P. High Schools and Intermediate Colleges (Teachers and other Employees) (Payment of Salary) Act, 1971 solely on the ground that elections pleaded by the parties have yet not been recognized and dispute in that regard have been referred to the regional office. Another to petitioner, the respondents cannot be permitted to take benefit of their own wrong. It is further submitted that the order dated 4th October, 2004 has been passed without notice or opportunity of hearing to the petitioner in violation of the principles of natural justice. There has been no default on the part of the Management inasmuch as the salary bill of the month of September, 2004 has already been submitted by the petitioner Manager and payment whereof has been made through the office of the District Inspector of Schools. In such circumstances, it is contended that provisions of Section 5 second proviso are not attracted so as to justify the order of single operation.

( 6 ) SO far as the contention raised on behalf of the petitioner for quashing the order of single operation of account is concerned, it may be noticed that there is no denial of the fact that the term of the earlier elected Committee, of Management, which was recognized