Point of Law: State or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitrary in its decision. "Duty to act fairly" is part of fair procedure envisaged under Articles 14 and 21. Every activity of the public authority or those under public duty must be received and guided by the public interest.

JUDGMENT :

Mrs. Manju Rani Chauhan, J.

1. Heard Sri Amit Saxena, Senior Advocate assisted by Sri Saurabh Singh, learned counsel for the petitioners, Sri Shailendra Singh, learned Standing Counsel for the State-respondents.

2.The present writ petition has been filed by the petitioner for quashing the impugned order dated 31.07.2021 passed by the District Inspector of Schools, Agra (D.I.O.S.) under Section 5 (1) of the payment of Salaries Act, 1971 (hereinafter referred to as “Act 1971), for single operation of the Account of the College. He has also prayed for a mandamus directing the respondents not to interfere in the peaceful functioning of the petitioner's institution in accordance with law.

3. Brief facts of the case is that Sri Ishwar Maharaj Inter College, Nagla Teja, Agra is a recognized and aided intermediate institution, which is governed by the provisions of the Intermediate Education Act, 1921 and the regulations framed thereunder. There is an approved scheme of administration of the institution wherein the term of the Committee of Management is four years. The Committee of Management has constantly being recognized as the validly constituted committee and the last undisputed elections were held on 15.04.2012 and the term of the committee of management was to expire on 15.05.2016.

4. Before expiry of the aforesaid term, a rival claim was setup by one Mr. M.D. Dwivedi and after several litigations, the elections of both the rival groups were discarded by the respondent no.2, i.e. Regional Education Committee, Agra Region, Agra, vide order dated 29.12.2016, wherein a direction was given to hold a fresh elections. However, after reconsideration of the matter, the respondent no.2 vide its order dated 28.11.2018 upheld the validity of the elections of the petitioner's committee of the management, which were held on 17.04.2016. After several litigations, it was ultimately the elections of petitioners' committee of management, which was taken to be valid elections and, therefore, the petitioners' committee of management was managing the affairs of the institution.

5. Since the term of petitioners' committee of management, which was recognized on 17.04.2016, was to expire on 17.04.2020, hence the proceedings were initiated for holding of elections on the date fixed, i.e. 19.04.2020, which was later postponed to 05.07.2020 due to Covid-19. The elections were held on 05.07.2020 and the results were declared on the same date, wherein the petitioner no.2 was again elected as Manager of Committee of management and entire papers pertaining to the elections were submitted in the office of respondent no.3 on 10.07.2020. Surprisingly, the order dated 02.07.2020 was received by the petitioner, which records that the elections of petitioners' committee of management held in the year 2012 and 2016 was found to be valid and the petitioners' committee was in effective control of the institution. By the said order, a direction has been issued to the D.I.O.S. to hold fresh elections within a period of three months as the term of the committee of management has expired on 16.04.2020. The aforesaid order has been passed in compliance of the order dated 28.02.2019 passed in Writ -C No. 3551 of 2019, wherein several directions were issued. However, the Court had declined to interfere with the order dated 28.02.2019 vide which the respondent no.2 had upheld the validity of elections of the petitioners' committee of management, which were held on 17.04.2016. Thereafter, the aforesaid order dated 02.07.2020 was challenged by the petitioners by means of Writ C No.15879 of 2020, wherein vide order dated 12.10.2020, the Court had passed the following order:-

“Heard Shri Amit Saxena, learned Senior Advocate for the petitioner. Challenge in the writ petition is to an order dated 22.07.2020 passed by the respondent No. 2, Regional Committee, Agra, Region Agra, which was seized of the matter pursuant to order of remand passed by the High Court on 28.02.2019,