JUDGMENT :

Jayant Banerji, J.

1. Heard Sri Alok Dwivedi, learned counsel for the petitioner and the learned Standing Counsel appearing for respondents.

2. Sri Yogish Kumar Saxena, learned counsel states that he had filed a caveat application on 17.5.2022 on behalf of the President of the Committee of Management.

3. Background of the case are that the petitioner’s institution is recognised under the U.P. Intermediate Education Act, 1921 and the Rules and Regulation framed thereunder. The institution is under grant-in-aid list of the State Government and payment of salary of its teachers and employees is being made under the provisions of the U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.

4. There is an approved scheme of administration and thereunder, the election of the Committee of Management of the institution was duly held on 25.4.2018, in which the petitioner no.2 was elected as Manager of the institution. The Inspector, Kanput Dehat had recognized this election and attested the signatures of petitioner no.2 as Manager of the institution. It is stated that model scheme of administration was issued by the Education Department by means of Government Order dated 25.8.2011 and the Committee of Management of the institution adopted the new amended model scheme of administration by a resolution dated 11.9.2020, which amended scheme of administration was approved by the Joint Director of Education by means of his order dated 18.12.2020. It is stated in the writ petition, that in terms of clause X of the newly adopted scheme of administration, the term of the Committee of Management of the institution would be five years that is to say the term of the Committee of Management elected on 25.4.2018 would be upto 24.4.2023. It is stated that the salary of teachers and employees of the institution was being duly paid under the signature of petitioner no.2 and the Finance and Accounts Officer and there was no default. Even for the month of March 2022, the salary of teachers and employees were paid under the signature of petitioner no.2 as Manager and Finance and Accounts Officer in the office of Inspector, Kanput Dehat. However, the Inspector, by means of the impugned order dated 11.4.2022 passed an order of single operation of the salary distribution account of the petitioner’s institution on the ground that after expiry of three years from the date of election dated 25.4.2018, the Committee of Management has become time-barred.

5. Under challenge in the present writ petition is an order dated 11.4.2022, passed by the respondent no.3, District Inspector of Schools, Kanpur Dehat bearing order No.Ma-Derapur/345-49/2022-23, whereby an order of single operation has been passed and also directing the President of the petitioner’s institution to place a time-table/proposal, whereby the observer for election can be appointed and the election in accordance with the scheme of administration can be effected.

6. The contention of the learned counsel for the petitioner is that the old scheme of administration provided three years term for the Committee of Management. Under the old scheme of administration, the last admitted election was held on 25.4.2018. It is contended that during the sustenance of term of that Committee of Management, an amendment in the scheme of administration was proposed for extending the period of the Committee of Management from three years to five years which came to be approved by the order of the Joint Director of Education dated 18.12.2020 that has been enclosed as Annexure-3 to the writ petition. Learned counsel has vehemently argued that in view of the aforesaid approval granted by the Joint Director of Education, the previous approved scheme of administration was rendered redundant and, therefore, in view of the judgement of a full Bench of this Court in Committee of Management Saltnat Bahadur Post Graduate College, Badlapur, Jaunpur and another V. State