Hon’ble A.P. Sahi, J.—This writ petition has been filed by three individuals out of whom petitioner No. 1 is reported to have died. The other two petitioners, namely, Pyare Lal and Onkar Singh, are the only surviving members of the General Body, who were called upon to function as an Ad-Interim-Committee under the orders of the Joint Director of Education and to proceed to enrol fresh members in order to constitute the Committee of Management.

2. The aforesaid exercise was necessary, inasmuch as, in a dispute with regard to the constitution of the management, it finally came to be concluded that only five members of the General Body were alive, and in such a situation, unless the number of the members of General Body is increased, the Committee cannot be constituted which has to have at least 12 elected members and office bearers. It is in this background that the authorities proceeded to pass orders.

3. The Joint Director of Education vide order dated 17.12.2007, issued directions by placing a rider that the enrolment shall be made under the direct supervision of the District Inspector of Schools. This order dated 17.12.2007 was assailed by the petitioner - Pyare Lal in writ petition No. 11660 of 2008, and this Court passed the following order :

“Heard Sri Ashok Khare, senior counsel for the petitioner and the Standing Counsel for respondents.

This writ petition has been filed by only five life members of the general body of Adarsh Krishak Inter College, Kira, District Rampur.

Counsel for the petitioner submits that undisputed facts are:

(a) that Prabandh Sanchalak had been appointed in the institution on 27.11.1999 as the committee of management had become time barred for holding fresh elections;

(b) that according to the scheme of administration, quorum required is 1/3rd of the existing members, which is as under:

^^4- x.kiwfrZ LFkkuksijkUr cSBd%&rRdkyhu lnL;ksa dh ,d frgkbZ laLFkk ls tks Hkh vf/kd gS x.kiwfrZ gksxhA ;fn cSBd izkjEHk gksus ds fy;s fuf’pr le; ds ,d ?kUVs rd visf{kr x.kiwfrZ u gks rks cSBd LFkfxr gks tk;sxhA LFkfxr cSBd fQj mlh fnu ;k nwljs fnu ,sls le; ij gks ldrh gS] ftldh ?kks”k.kk v/;{k iqu% ,d ?kUVs dh lekfIr ij djsA LfkxuksijkUr cSBd ds fy;s x.kiwfrZ ;k fdlh vU; uksfVl dh vis{kk u gksxhA fdUrq bl cSBd esa ,sls fdlh fo”k; ij fopkj ugha fd;k tk;sxk tks x.kiwfrZ ds vHkko esa LFkfxr cSBd dh dk;Zlwph esa lfEefyr u jgk gksA^^

On the basis of above, counsel for the petitioner contends that it is the existing members of the general body, who are empowered and entitled to induct new members in case of shortage of members in electing the committee of management.

It appears from the record that the DIOS, Rampur referred the matter to the Joint Director of Education, Moradabad for guidance as to what should be done in the circumstances as only five members of the general body are alive and committee of management of 12 members cannot be constituted in the circumstances. The Joint Director of Education by his letter dated 12.12.2007 directed the DIOS that aforesaid five members will enrol the members under direct supervision of the DIOS. It is this order which is impugned in the writ petition.

The petitioner is aggrieved with the rider imposed by the Joint Director of Education for enrolling the members under direct supervision of the DIOS.

It has been urged by the counsel for the petitioner that for the past nine years. Prabandh Sanchalak has been continuing in the institution and it is only to usurp the institution that such a direction has been issued by the Joint Director so that the petitioners who are the only life members, may succumb to the desires of the DIOS and Joint Director for enrolling new members of their choice.

The apprehension appears to be for fetched. However, it is not in dispute that it is the only five members who are alive, who can enrol new members which also appears to be a fact from the order impugned. Can the Joint Director impose such a condition for enrolment of new members u