A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.

1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Shivendra Kumar Gupta, learned counsel for the petitioner, and Sri G.K. Singh, learned Senior Counsel assisted by Sri Sankalp Narain, learned counsel for the respondents.

2. The petitioner through the present writ petition has assailed the order dated 15.02.2025 passed by respondent no.2-Regional Level Committee, Meerut Region, Meerut whereby respondent no.2 has rejected the election of petitioner's Committee of Management and has further directed the respondent no.3-District Inspector of Schools, Baghpat to hold the election of Committee of Management . The petitioner has also assailed the order dated 27.02.2025 passed by respondent no.3 by which the District Inspector of Schools has passed an order of Single Operation.

3. The brief facts of the case are that there is a College in the name of 'Sheelchand Inter College Aminagar Sarai, District Baghpat' (hereinafter referred to as 'College'), which is an educational institution, imparting education up to Intermediate Level and recognised under the U.P. Intermediate Education Act, 1921 and is within the purview of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.

4. There is a Scheme of Administration of the College according to which the management of the College is being run. The last election of the Committee of Management of the College was held on 18.08.2019 which was duly approved by the District Inspector of Schools, Baghpat by order dated 04.10.2019. The term of the Committee of Management of the College under the Scheme of Administration is three years and three months, therefore, the term of the Committee of Management of the College had expired on 17.11.2022.

5. It appears that the petitioner who was elected as the Committee of Management of the College in the election of 2019 had submitted a letter dated 17.01.2023 to the District Inspector of Schools informing him that there is a Resolution of Committee of Management dated 20.09.2022 for holding the election of the Committee of Management of the College. The Committee of Management in the said letter also proposed the name of three persons out of whom an Election Officer could be appointed. In the said letter, there was a reference to another letter sent before this letter to the District Inspector of Schools for the appointment of an Election Officer.

6. The District Inspector of Schools by letter dated 31.10.2023 appointed one Neeraj Kumar as Election Officer. According to the petitioner, Neeraj Kumar published an election programme. However, before he could conduct the election, he wrote a letter dated 23.12.2023 to respondent no.3 that since the term of the Committee of Management had expired, it was only the Authorized Controller who could hold the election of the Committee of Management .

7. On the letter dated 23.12.2023, the District Inspector of Schools on 29.12.2023 passed an order that by the Government Order 02.09.2008, the provision for appointment of Authorized Controller has been removed, and he by the said letter dated 29.12.2023 appointed one Smt. Hukum Singh, Assistant Teacher of Government Girls