Point of Law : Order passed by the District Inspector of Schools, Agra directing single operation of bank accounts of the petitioners' institution is set aside and the matter is remitted back to the District Inspector of Schools, Agra for decision afresh.

JUDGMENT :

1. Heard Mr. Prabhakar Awasthi, learned counsel for the petitioner and Mr. Shailendra Singh, learned Standing Counsel for State-respondents. This writ petition has been filed by the petitioner for quashing the impugned order dated 20.11.2021 passed by respondent no.4, District Inspector of Schools, Agra, whereby he has directed single operation of bank accounts of the petitioners' institution. He has also prayed for a direction upon the respondents not to interfere in the peaceful functioning of the petitioners' Committee of Management continuously in managing day to day affairs of the institution, which has been validly elected on 22.08.2021 and approved on 13.10.2021.

2. Learned counsel for the parties are agree that the present writ petition may be decided at this stage, without calling for any further affidavits specially in view of the order proposed to be passed, as no purpose would be served by keeping the present writ petition pending.

3. The brief facts of the case are that the petitioners' institution is a recognized intermediate college in the name and style of "Janta Inter College, Jaitpur, Kalan" District Agra which is managed by a Committee of Management, duly elected, strictly in consonance with the provisions of scheme of administration framed and drawn under exercise of powers under Section 16-A of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921").

4. The aforesaid institution is under grant-in-aid of the State Government, as such, provisions of U.P. High School and Intermediate (Payment of salary to Teaching and other Staff) 1971 (hereinafter referred to as the "Act, 1971") is fully applicable. The last valid election of Committee of Management was held on 31.08.2017 from 13 members, wherein Shri Dayaram was elected as Manager and Mahesh Babu was elected as President. The aforesaid elections were approved by the District Inspector of Schools on 26.09.2017.

5. The aforesaid elections were challenged, by means of Writ Petition No. 59533 of 2017, and the said writ petition stood rejected by the order dated 13.12.2017. During the sustenance of term of the aforesaid Committee of Management, 16 new members were enrolled, out of which, petitioner no.2 also stood enrolled as a member. The Manager of the aforesaid Committee of Management, namely, Shri Dayaram expired on 19.04.2021, as a result whereof, a casual vacancy came into existence. The petitioner no.2 being a valid member was elected as Manager for residue period under the resolution dated 27.06.2021, strictly in consonance with Clause 9(4) of the scheme of administration and the same was approved by the District Inspector of Schools vide order dated 23.07.2021.

6. The term of the Committee of Management, as provided in the approved scheme of administration, is 4 years and since the last elections were held on 31.08.2017, therefore, the term of the aforesaid Committee of Management was come to an end on 30.08.2021, hence, valid elections of the Committee of Management were held on 22.08.2021, wherein again Committee of Management headed by petitioner no.2 as Manager came to be elected and the same was also approved by the District Inspector of Schools vide order dated 13.10.2021. In between, an order dated 12.10.2021 was passed by District Inspector of Schools, wherein the election of Shri Sridhar Srivastava as Manager for the residue period was discarded, as the aforesaid claim was made after the expiry of the term of Committee of Management, which was elected on 31.08.2017.

7. Surprisingly, on a complaint made by the Principal of the said institution, who happens to be ex-officio office-bearer, the District Inspector of Schools has passed the impugned order dated 20.11.2021, whereby he has directed single operation of bank accounts of the petitioners' institution.

8. Learned counsel for the petitioners submits that the impugned order dated 20.11.2021 passed by District Inspector of Schools, Agra, directing single operatio