The RDDE has the power to appoint a Prabandh Sanchalak under Clause 8 of the Scheme of Administration of the Institution when there is no election for constituting the Committee of Management within one month from the date of the expiry of the term of the previous Committee of Management, or when the newly elected Committee of Management does not take charge within the same period.

V.N. Khare, J.

1. On 19-6-1985, election for constituting Committee of Management of the Educational institution known as Sri Gandhi Inter College, Chhur (Meerut) (hereinafter referred to as ' the Institution ') was held wherein petitioner no. 2, Sri Sumaroo Singh, was elected as Manager. The term of the petitioner Committee of Management expired on 18-6-1988. On completion of the term of the Committee of Management, a fresh election was required to be held within a period of one month. It appears that no fresh election was held within time and, therefore, a writ petition was filed in this Court by one Sri Surendra Pal Singh praying for issuance of a writ of mandamus directing the Regional Deputy Director of Education to appoint a Prabandhak Sanchalak for the Institution for holding election for constituting Committee of Management. In the alternative it was prayed that the Regional Deputy Director of Education may be directed to consider the petitioner's representation in that regard. This Court, on the 9th of August 1988, directed the Regional Deputy Director of Education to decide the petitioner's representation if possible within one month from the date of service of a certified copy of that order on the said authority. In view of the said direction, the Regional Deputy Director of Education issued notices to the petitioner no. 2 and others and after hearing the parties held, by the impugned order, that since 3 years' term of the petitioner Committee of Management had already expired on 18-6-1988 and no fresh election for constituting Committee of Management was held within time, a Prabandh Sanchalak was required to be appointed. It was alleged before the Regional Deputy Director of Education that election was held on 14-8-1988 wherein one Pawan Singh and petitioner no. 2 were elected as President and Manager respectively. The Regional Deputy Director of Education, by the impugned order, appointed Sri A. B. Singh, the retired Deputy District Inspector of Schools, Meerut, as Prabandh Sanchalak with a direction that he will hold election for constituting fresh Committee of Management. It is against this order that the petitioners have come up before this Court by means of this writ petition under Article 226 of the Constitution, with the case that election had already taken place on 14-8-1988 and that the Regional Deputy Director of Education had no authority to set aside that election by appointing Prabandh Sanchalak for holding fresh election for constituting fresh Committee of Management for the Institution.

2. We have heard counsel for the petitioners and the Standing Counsel on behalf of the respondent.

Learned counsel for the petitioners urged that there being no dispute in regard to election of the petitioner Committee of Management, which was held on 14-8-1988, the Regional Deputy Director of Education has no power under section 16-A (7) of the U.P. Intermediate Education Amendment Act (hereinafter referred to as 'the Act ' to curtail the term of the petitioner Committee of Management by appointing Prabandh Sanchalak for the Institution. The second argument of learned counsel for the petitioners is that in any case, the Regional Deputy Director of Education has no power under Clause 8 of the Scheme of Administration to adjudicate upon the validity or otherwise of the election already held for constituting Committee of Management of the Institution and to appoint Prabandh Sanchalak for holding fresh election for constituting Committee of Management. Since both the arguments are interlinked, we propose to deal with them together.

3. To appreciate the arguments of learned counsel for the petitioners it is necessary to quote clause 8 of the Scheme of Administration which runs as follows :-

"(a) Prabandh Samiti Ka Karyakal :- Padadhikari evam samiti ke sadasyon ka karyakal teen varse ka hoga. Karyakal samapta hojane par agale ek mas tak hi padadhikari bane rah sakenge. Yadi teen varsh ke bad ek mah ke ander navchay