High Court

College, Umari Kalan, District Moradabad. It is contended that the last election of the Committee of Management of the petitioners' college was held on 13.09.2021. It is further contended that one Nazakat Hussain and Sajid Hussain also set-up a election of the Committee of Management of the petitioners' college which was held on 13.09.2021. The matter was referred to the Regional Level Committee as two elections were set-up in respect to the same Committee of Management and the Regional Level Committee on 12.11.2021 passed an order directing the District Inspector of Schools to hold fresh elections after determining the electoral college of the General Body of the college. Thereafter, the District Inspector of Schools passed an order on 05.01.2022, by which he, on his own, amended the Scheme of Administration of the college and directed that the election be held by electoral college of the college.

6. The Joint Director of Education thereafter passed an order dated 21.01.2022 appointing the Authorized Controller in the college. It is contended that the orders dated 12.11.2021, 05.01.2022 and 21.01.2022 were assailed by the petitioners in Writ-C No.4976 of 2022, wherein this Court was pleased to grant an interim order on 18.04.2022 staying the operation of the orders dated 05.01.2022 and 21.01.2022.

7. It is submitted that the election of respondent no.6 was alleged to be held on the basis of a list of 464 members of the college, which was alleged to have been approved by the Assistant Registrar by order dated 09.10.2014 and was also alleged to have been seen by the then District Inspector of Schools in the year 2014. It is submitted that the election on the basis of list of 464 members is illegal for the reason that the same is in the teeth of the order dated 12.11.2021 passed by the Regional Level Committee. Accordingly, it is submitted that the Regional Level Committee has committed manifest illegality and finding of the Regional Level Committee is perverse and against the record.

8. Per contra, Sri Ashok Khare, learned counsel for respondent no.6 would contend that the list of 464 members was seen by the District Inspector of Schools and once it had been seen by the District Inspector of Schools, it implies that the District Inspector of Schools has finalized the electoral college and, therefore, there is no illegality in the election conducted by respondent no.6. He further submits that the issue of membership has been fully determined in the order of the Regional Level Committee, and in such view of the fact there is no illegality in the impugned order and this Court may refrain from interfering with the same under Article 226 of the Constitution of India.

9. Be that as it may, the relevant extract of the order of the Regional Level Committee dated 12.11.2021 is reproduced hereinbelow: मणडललय समममत सरर समममत सस उपररक तथयय एरव समलकक कस आलरक मम शल खखररद अहमद, शल " नजककत हहससन, शल सकजजद हहससन दकरक करकयस गयस पबनध समममत कस चखनकरर कर सकधकरण सभक कस रसद / तथक जजलक मकनय सदसयय सस न करकयस जकनस कस ककरण अमकनय मकयस जकनस कक मनणरय लसतल हस मक मरदकलय मनरलकक मखरकदकबकद कर मनदरमरत करतल हस मक रस तलन मकह कस अनदर सवसथक मम पभकरल परकसन यरजनक मम रमणरत वयरसथकनखसकर सकधकरण सभक कस सदसयर कक रसधकमनकतक कक परलकण करस तथक परलकणरपरकनत मचननहत सदसयय कक ससचल सस परकसन यरजनक मम दल गयल वयरसथकनखसकर मरभकगलय पयररसकक कक दसखरसख मरदकलय कक पबनध समममत कक चखनकर समपन करकयस। इस ददरकन रसतन सवदकय खकतस कक एकल पररचकलन करतस हहए सवसथक मम ककयररत मरकक एरव मरकणसतर कमरचकररयर कक मनयममत रसतन भखगतकन सखमनमशत करकयस। मनयममत रसतन भखगतकन यक उनकस अनय ससरक समबनधल दसयतकओ कस समयबद मनसतकरण मम यमद करई मरजधक कमठनकई उतपन हरतल हस तर उसकस दमषगत सवसथक मम रसतन मरतरण अजधमनयम कस तहत सकजधककर मनयनतक मनयखक मकयस जकनस कक पसतकर सवयखक मरकक मनदसरक ककयकरलय कर उपलबध करकयस। तदकनखसकर पकरण कक मनसतकरण मकयक जकतक हस।" सवसथक मम ककयररत मरकक एरव मरकणसतर कमरचकररयर कस

10. A perusal of the aforesaid extract of the order of the Regional Level Committee dated 12.11.2021 discloses that there was a specific direction to the District Inspector of Schools to first finalize the electoral college of the petitioners' college and thereafter conduct the election. Thus, it is manifest from the order dated

12.11.2021 that the election could be conducted only after the list of electoral college has been approved by the District Inspector of Schools in compliance of the order of the Regional Level Committee dated 12.11.2021. It is also not disputed on record that the District Inspector of Schools passed an order dated 05.01.2022, by which he, on his own, amended the Scheme of the Administration of the college and directed to hold election by the electoral college of the petitioners' college. The Joint Director of Education by order dated 21.01.2022 appointed the Authorized Controller. It is evident from the record that three orders dated 05.01.2022,

21.01.2022 and 12.11.2021 were assailed by the petitioners by filing Writ-C No. 4976 of 2022, in which this Court passed the following order: "The argument advanced by the learned counsel for the petitioner is that the District Inspector of Schools is certainly not justified in making an order to incorporate Model Scheme of Administration in the Scheme of Administration and thereby amending the Scheme of Administration of the institution, inasmuch as, the Joint Director of Education could not have appointed an Authorised Controller to manage the affairs of the institution which is a minority institution. Per contra, it is argued by the learned counsel appearing for the respondent and the applicant seeking impleadment in the matter, that three rival elections have been set up and unless and until the membership is finalised, no election by any of the group can be claimed to be validly held. Matter requires consideration. The application for impleadment is allowed in terms of Rule 5(A) of Chapter XXII of Allahabad High Court Rules, 1952. Necessary impleadment be carried out in the array of parties. All the respondents are directed to file counter affidavit within a period of six weeks from today. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List on 05.07.2022. In the meanwhile, until further orders of this Court, the effect and operation of order of the District Inspector of Schools dated 05.01.2022 in so far as it amends the Scheme of Administration of the institution by applying the model Scheme of Administration as well the order of the Joint Director of Education dated 21.01.2022 appointing an Authorised Controller in the institution, shall remain stayed. The single hand operation under the order dated 05.01.2022 by the District Inspector of Schools, in so far as financial state of affairs of the institution is concerned, shall continue to operate."

11. The aforesaid order clearly discloses that this Court had stayed the two orders dated 05.01.2022 and 21.01.2022. However, this Court did not pass any order staying the operation of the order dated 12.11.2021. Thus, it is clear that for holding the election of the Committee of Management of the petitioners' college, the direction contained in the order of the Regional Level Committee dated 12.11.2021 that the District Inspector of Schools first determine the electoral college of the petitioners' college and thereafter hold election has to be complied with by the District Inspector of Schools.

12. In the instant case, it is not the case of respondent no.6 as has been noted by the Regional Level Committee in his order that the election was held by the District Inspector of Schools in compliance of the order passed by the Regional Level Committee dated 12.11.2021 rather the case set-up by respondent no.6 is that the election was held from the list of 464 General Members of the college, which was alleged to have been seen by the then District Inspector of Schools namely Dr. Indra Pratap Singh Solanki. The relevant extract, which has been relied upon by both the counsel for the parties appearing on page no.78 of the paper-book, is reproduced hereinbelow: सस लसकर कम सव० 131 " शल ररजरकन अहमद दकरक 464 सकधकरण सभक सदसयय कक ससचल जर ततककललन जजलक मर‌दकलय मनरलकक डक० इनद पतकप जसवह सरलवकक दरकरक अरलरमकत हस. पसतखत करतस हहए अरगत करकयक गयक मक ससचल मम कम सव० 1 तक आजलरन सदसय हस रसष सकधकरण सदसय। सकधकरण सदसयय कक रखलक जमक न हरनस कस ककरण यस अमकनय हर गयस हस पबनध समममत कक चखनकर आजलरन सदसयय सस करकयक गयक हस। सदसय बनकयस जकनस कस समबनध मम पबनध समममत दरकरक पकररत पसतकर कक पमकमणत छकयकपमत उपलबध करकयल गयल। सदसयतक रखलक कस बकरस मम अरगत करकयक गयक मक परकसन यरजनकनखसकर सदसयतक रखलक कक महसकय पबनधक रखतस हस और समममत कक अनखममत सस इस समबनध मम वयय कर सकतस हस। सदसयतक रखलक कक वयय पबनधक कस पबनध समममत दकरक पकररत पसतकर कक छकयकपमत भल उपलबध करकयल गयल। शल ररजरकन अहमद कस उक कथन कक पखमष जजलक मर‌दकलय मनरलकक मखरकदकबकद दकरक अपनस अमभकथन मदनकवक 20.09.2024 कस मकधयम सस कक गयल हस। शल जमरसद सईद दकरक अपनस अमभकथन मम मदनकवक 05.10.2024 मम एक जगह 80 सकधकरण सभक सदसयर सस चखनकर करकनस कक बकत कहल गयल हस जर परसपर मरररधकभकषल हस। " सकधकरण सभक सदसयय सस जर दससरल जगह 98 मनदररकनखसकर मकयक गयक हस.

13. A specific query was made to Sri Ashok Khare whether there is any finding returned by the Regional Level Committee that there is any order of the District Inspector of Schools finalizing the electoral college of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021, he very fairly submits that the District Inspector of Schools had not passed any order finalizing the list of electoral college of the petitioners' college, after the order of the Regional Level Committee dated 12.11.2021. However, he produced a report dated 20.09.2024. He has placed reliance upon paragraph one of that report to contend that once the list of electoral college has been seen by the District Inspector of Schools, it implies that it has been finalized by the District Inspector of Schools. However, paragraph one of the said report dated 20.09.2024, which is taken on record, is reproduced hereinbelow: उमरल कलक, मदनकवक 20.08.2024 जजसकस दकरक पनबलक इणटर ककलसज, रक मरषयक अपनस पवतकक मक०ककठ /4643/2024- 25 कक सनदभर " कक पयक उपयख गहण करनस कक कष करम, मखरकदकबकद कस पबनध समममत कस चखनकर कस समबनध मम कमतपय मबनदखओव पर आखयक चकहल गई हस। इस समबनध मम ककयकरलय कस पवतकक मक०ककठ/4643/2024-25 कस दकरक मख०जकमकर पखत शल तकमहर तथककजथत मखरकदकबकद पवतकक सवखयक मक०ककठ/4644/2024-25 पनबलक इणटर ककलसज, पबनधक, कस दकरक शल ररजरकन अहमद पखत शल रककल अहमद तथककजथत पबनधक, मदनकवक 20.08. 2024 मखरकदकबकद तथक पवतकक मक०ककठ/4645/2024-25 मदनकवक पनबलक इणटर ककलसज, उमरल कलक, 20.08.2024 मखरकदकबकद सस 05 मनदरर मदयस गयस। मख०जकमकर पखत शल तकमहर मखरकदकबकद दकरक 05 तथककजथत पबनधक, मबनदखओव कस समबनध मम कस दकरक शल जमरसद सईद तथककजथत पबनधक, मबनदखओव पर आखयक उपलबध करकनस कस उमरल कलक, मदनकवक 20.08.2024 उमरल कलक, पनबलक इणटर ककलसज, पनबलक इणटर ककलसज, उमरल कलक, पनबलक इणटर ककलसज, करई भल आखयक उपलबध नहह करकई गई हस। शल ररजरकन अहमद पखत शल रककल अहमद तथककजथत मखरकदकबकद एरव शल जमरसद सईद तथककजथत पबनधक, पबनधक, पनबलक इणटर ककलसज, मबनदखओव सस समबननधत आखयक एर सखसवगत अमभलसखय कर उपलबध करकयक गयक हस।" मखरकदकबकद दकरक 05 उमरल कलक, उमरल कलक,

14. The relevant extract of the aforesaid report reveals that there is no order of the District Inspector of Schools for finalizing the list of the electoral college of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021.

15. In such view of the fact, even it is established on record that the case of respondent no.6 was that his election was conducted on the basis of list of electoral college finalized by the District Inspector of Schools in compliance of the order dated 12.11.2021 passed by the Regional Level Committee, the election of respondent no.6 on the basis of 464 members of the college is invalid for the reason that it is in the teeth of the order of the Regional Level Committee dated

12.11.2021.

16. Further, though Sri Ashok Khare has submitted that the Regional Level Committee has determined the electoral college, but this Court is of the view that the order impugned does not disclose that the Regional Level Committee has determined the list of electoral college. Even otherwise, the Regional Level Committee while passing the impugned order on 17.10.2024 did not have any jurisdiction to determine the electoral college, inasmuch as there was order of the Regional Level Committee dated 12.11.2021 to the District Inspector of Schools to first determine the electoral college and thereafter hold the election and in such view of the fact, it was incumbent upon the District Inspector of Schools to first determine the electoral college and thereafter to hold the election of the Committee of Management of the petitioners' college. The second contention of Senior Counsel also has no force.

17. Since, the petitioners have prima facie made out a case for interim order, therefore, this Court was inclined to grant the interim order. However, a suggestion has been given to the Court by both the counsel for the parties that the order of the Regional Level Committee dated 17.10.2024 may be set aside and a direction be issued to the District Inspector of Schools to hold the election of the Committee of Management of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021.

18. Accordingly, in view of the submissions advanced by both the counsel for the parties, the impugned order dated 17.10.2024 passed by the Regional Level Committee is set aside. The District Inspector of Schools, Moradabad (respondent no.5) is directed to hold fresh election of the Committee of Management of the petitioner's college strictly in compliance with the order of the Regional Level Committee dated 12.11.2021 within a period of three months from the date of production of a certified copy of this order.

19. The writ petition is allowed in terms of the aforesaid orders. Order Date :- 6.1.2025 CS/-

College, Umari Kalan, District Moradabad. It is contended that the last election of the Committee of Management of the petitioners' college was held on 13.09.2021. It is further contended that one Nazakat Hussain and Sajid Hussain also set-up a election of the Committee of Management of the petitioners' college which was held on 13.09.2021. The matter was referred to the Regional Level Committee as two elections were set-up in respect to the same Committee of Management and the Regional Level Committee on 12.11.2021 passed an order directing the District Inspector of Schools to hold fresh elections after determining the electoral college of the General Body of the college. Thereafter, the District Inspector of Schools passed an order on 05.01.2022, by which he, on his own, amended the Scheme of Administration of the college and directed that the election be held by electoral college of the college.

6. The Joint Director of Education thereafter passed an order dated 21.01.2022 appointing the Authorized Controller in the college. It is contended that the orders dated 12.11.2021, 05.01.2022 and 21.01.2022 were assailed by the petitioners in Writ-C No.4976 of 2022, wherein this Court was pleased to grant an interim order on 18.04.2022 staying the operation of the orders dated 05.01.2022 and 21.01.2022.

7. It is submitted that the election of respondent no.6 was alleged to be held on the basis of a list of 464 members of the college, which was alleged to have been approved by the Assistant Registrar by order dated 09.10.2014 and was also alleged to have been seen by the then District Inspector of Schools in the year 2014. It is submitted that the election on the basis of list of 464 members is illegal for the reason that the same is in the teeth of the order dated 12.11.2021 passed by the Regional Level Committee. Accordingly, it is submitted that the Regional Level Committee has committed manifest illegality and finding of the Regional Level Committee is perverse and against the record.

8. Per contra, Sri Ashok Khare, learned counsel for respondent no.6 would contend that the list of 464 members was seen by the District Inspector of Schools and once it had been seen by the District Inspector of Schools, it implies that the District Inspector of Schools has finalized the electoral college and, therefore, there is no illegality in the election conducted by respondent no.6. He further submits that the issue of membership has been fully determined in the order of the Regional Level Committee, and in such view of the fact there is no illegality in the impugned order and this Court may refrain from interfering with the same under Article 226 of the Constitution of India.

9. Be that as it may, the relevant extract of the order of the Regional Level Committee dated 12.11.2021 is reproduced hereinbelow: मणडललय समममत सरर समममत सस उपररक तथयय एरव समलकक कस आलरक मम शल खखररद अहमद, शल " नजककत हहससन, शल सकजजद हहससन दकरक करकयस गयस पबनध समममत कस चखनकरर कर सकधकरण सभक कस रसद / तथक जजलक मकनय सदसयय सस न करकयस जकनस कस ककरण अमकनय मकयस जकनस कक मनणरय लसतल हस मक मरदकलय मनरलकक मखरकदकबकद कर मनदरमरत करतल हस मक रस तलन मकह कस अनदर सवसथक मम पभकरल परकसन यरजनक मम रमणरत वयरसथकनखसकर सकधकरण सभक कस सदसयर कक रसधकमनकतक कक परलकण करस तथक परलकणरपरकनत मचननहत सदसयय कक ससचल सस परकसन यरजनक मम दल गयल वयरसथकनखसकर मरभकगलय पयररसकक कक दसखरसख मरदकलय कक पबनध समममत कक चखनकर समपन करकयस। इस ददरकन रसतन सवदकय खकतस कक एकल पररचकलन करतस हहए सवसथक मम ककयररत मरकक एरव मरकणसतर कमरचकररयर कक मनयममत रसतन भखगतकन सखमनमशत करकयस। मनयममत रसतन भखगतकन यक उनकस अनय ससरक समबनधल दसयतकओ कस समयबद मनसतकरण मम यमद करई मरजधक कमठनकई उतपन हरतल हस तर उसकस दमषगत सवसथक मम रसतन मरतरण अजधमनयम कस तहत सकजधककर मनयनतक मनयखक मकयस जकनस कक पसतकर सवयखक मरकक मनदसरक ककयकरलय कर उपलबध करकयस। तदकनखसकर पकरण कक मनसतकरण मकयक जकतक हस।" सवसथक मम ककयररत मरकक एरव मरकणसतर कमरचकररयर कस

10. A perusal of the aforesaid extract of the order of the Regional Level Committee dated 12.11.2021 discloses that there was a specific direction to the District Inspector of Schools to first finalize the electoral college of the petitioners' college and thereafter conduct the election. Thus, it is manifest from the order dated

12.11.2021 that the election could be conducted only after the list of electoral college has been approved by the District Inspector of Schools in compliance of the order of the Regional Level Committee dated 12.11.2021. It is also not disputed on record that the District Inspector of Schools passed an order dated 05.01.2022, by which he, on his own, amended the Scheme of the Administration of the college and directed to hold election by the electoral college of the petitioners' college. The Joint Director of Education by order dated 21.01.2022 appointed the Authorized Controller. It is evident from the record that three orders dated 05.01.2022,

21.01.2022 and 12.11.2021 were assailed by the petitioners by filing Writ-C No. 4976 of 2022, in which this Court passed the following order: "The argument advanced by the learned counsel for the petitioner is that the District Inspector of Schools is certainly not justified in making an order to incorporate Model Scheme of Administration in the Scheme of Administration and thereby amending the Scheme of Administration of the institution, inasmuch as, the Joint Director of Education could not have appointed an Authorised Controller to manage the affairs of the institution which is a minority institution. Per contra, it is argued by the learned counsel appearing for the respondent and the applicant seeking impleadment in the matter, that three rival elections have been set up and unless and until the membership is finalised, no election by any of the group can be claimed to be validly held. Matter requires consideration. The application for impleadment is allowed in terms of Rule 5(A) of Chapter XXII of Allahabad High Court Rules, 1952. Necessary impleadment be carried out in the array of parties. All the respondents are directed to file counter affidavit within a period of six weeks from today. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List on 05.07.2022. In the meanwhile, until further orders of this Court, the effect and operation of order of the District Inspector of Schools dated 05.01.2022 in so far as it amends the Scheme of Administration of the institution by applying the model Scheme of Administration as well the order of the Joint Director of Education dated 21.01.2022 appointing an Authorised Controller in the institution, shall remain stayed. The single hand operation under the order dated 05.01.2022 by the District Inspector of Schools, in so far as financial state of affairs of the institution is concerned, shall continue to operate."

11. The aforesaid order clearly discloses that this Court had stayed the two orders dated 05.01.2022 and 21.01.2022. However, this Court did not pass any order staying the operation of the order dated 12.11.2021. Thus, it is clear that for holding the election of the Committee of Management of the petitioners' college, the direction contained in the order of the Regional Level Committee dated 12.11.2021 that the District Inspector of Schools first determine the electoral college of the petitioners' college and thereafter hold election has to be complied with by the District Inspector of Schools.

12. In the instant case, it is not the case of respondent no.6 as has been noted by the Regional Level Committee in his order that the election was held by the District Inspector of Schools in compliance of the order passed by the Regional Level Committee dated 12.11.2021 rather the case set-up by respondent no.6 is that the election was held from the list of 464 General Members of the college, which was alleged to have been seen by the then District Inspector of Schools namely Dr. Indra Pratap Singh Solanki. The relevant extract, which has been relied upon by both the counsel for the parties appearing on page no.78 of the paper-book, is reproduced hereinbelow: सस लसकर कम सव० 131 " शल ररजरकन अहमद दकरक 464 सकधकरण सभक सदसयय कक ससचल जर ततककललन जजलक मर‌दकलय मनरलकक डक० इनद पतकप जसवह सरलवकक दरकरक अरलरमकत हस. पसतखत करतस हहए अरगत करकयक गयक मक ससचल मम कम सव० 1 तक आजलरन सदसय हस रसष सकधकरण सदसय। सकधकरण सदसयय कक रखलक जमक न हरनस कस ककरण यस अमकनय हर गयस हस पबनध समममत कक चखनकर आजलरन सदसयय सस करकयक गयक हस। सदसय बनकयस जकनस कस समबनध मम पबनध समममत दरकरक पकररत पसतकर कक पमकमणत छकयकपमत उपलबध करकयल गयल। सदसयतक रखलक कस बकरस मम अरगत करकयक गयक मक परकसन यरजनकनखसकर सदसयतक रखलक कक महसकय पबनधक रखतस हस और समममत कक अनखममत सस इस समबनध मम वयय कर सकतस हस। सदसयतक रखलक कक वयय पबनधक कस पबनध समममत दकरक पकररत पसतकर कक छकयकपमत भल उपलबध करकयल गयल। शल ररजरकन अहमद कस उक कथन कक पखमष जजलक मर‌दकलय मनरलकक मखरकदकबकद दकरक अपनस अमभकथन मदनकवक 20.09.2024 कस मकधयम सस कक गयल हस। शल जमरसद सईद दकरक अपनस अमभकथन मम मदनकवक 05.10.2024 मम एक जगह 80 सकधकरण सभक सदसयर सस चखनकर करकनस कक बकत कहल गयल हस जर परसपर मरररधकभकषल हस। " सकधकरण सभक सदसयय सस जर दससरल जगह 98 मनदररकनखसकर मकयक गयक हस.

13. A specific query was made to Sri Ashok Khare whether there is any finding returned by the Regional Level Committee that there is any order of the District Inspector of Schools finalizing the electoral college of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021, he very fairly submits that the District Inspector of Schools had not passed any order finalizing the list of electoral college of the petitioners' college, after the order of the Regional Level Committee dated 12.11.2021. However, he produced a report dated 20.09.2024. He has placed reliance upon paragraph one of that report to contend that once the list of electoral college has been seen by the District Inspector of Schools, it implies that it has been finalized by the District Inspector of Schools. However, paragraph one of the said report dated 20.09.2024, which is taken on record, is reproduced hereinbelow: उमरल कलक, मदनकवक 20.08.2024 जजसकस दकरक पनबलक इणटर ककलसज, रक मरषयक अपनस पवतकक मक०ककठ /4643/2024- 25 कक सनदभर " कक पयक उपयख गहण करनस कक कष करम, मखरकदकबकद कस पबनध समममत कस चखनकर कस समबनध मम कमतपय मबनदखओव पर आखयक चकहल गई हस। इस समबनध मम ककयकरलय कस पवतकक मक०ककठ/4643/2024-25 कस दकरक मख०जकमकर पखत शल तकमहर तथककजथत मखरकदकबकद पवतकक सवखयक मक०ककठ/4644/2024-25 पनबलक इणटर ककलसज, पबनधक, कस दकरक शल ररजरकन अहमद पखत शल रककल अहमद तथककजथत पबनधक, मदनकवक 20.08. 2024 मखरकदकबकद तथक पवतकक मक०ककठ/4645/2024-25 मदनकवक पनबलक इणटर ककलसज, उमरल कलक, 20.08.2024 मखरकदकबकद सस 05 मनदरर मदयस गयस। मख०जकमकर पखत शल तकमहर मखरकदकबकद दकरक 05 तथककजथत पबनधक, मबनदखओव कस समबनध मम कस दकरक शल जमरसद सईद तथककजथत पबनधक, मबनदखओव पर आखयक उपलबध करकनस कस उमरल कलक, मदनकवक 20.08.2024 उमरल कलक, पनबलक इणटर ककलसज, पनबलक इणटर ककलसज, उमरल कलक, पनबलक इणटर ककलसज, करई भल आखयक उपलबध नहह करकई गई हस। शल ररजरकन अहमद पखत शल रककल अहमद तथककजथत मखरकदकबकद एरव शल जमरसद सईद तथककजथत पबनधक, पबनधक, पनबलक इणटर ककलसज, मबनदखओव सस समबननधत आखयक एर सखसवगत अमभलसखय कर उपलबध करकयक गयक हस।" मखरकदकबकद दकरक 05 उमरल कलक, उमरल कलक,

14. The relevant extract of the aforesaid report reveals that there is no order of the District Inspector of Schools for finalizing the list of the electoral college of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021.

15. In such view of the fact, even it is established on record that the case of respondent no.6 was that his election was conducted on the basis of list of electoral college finalized by the District Inspector of Schools in compliance of the order dated 12.11.2021 passed by the Regional Level Committee, the election of respondent no.6 on the basis of 464 members of the college is invalid for the reason that it is in the teeth of the order of the Regional Level Committee dated

12.11.2021.

16. Further, though Sri Ashok Khare has submitted that the Regional Level Committee has determined the electoral college, but this Court is of the view that the order impugned does not disclose that the Regional Level Committee has determined the list of electoral college. Even otherwise, the Regional Level Committee while passing the impugned order on 17.10.2024 did not have any jurisdiction to determine the electoral college, inasmuch as there was order of the Regional Level Committee dated 12.11.2021 to the District Inspector of Schools to first determine the electoral college and thereafter hold the election and in such view of the fact, it was incumbent upon the District Inspector of Schools to first determine the electoral college and thereafter to hold the election of the Committee of Management of the petitioners' college. The second contention of Senior Counsel also has no force.

17. Since, the petitioners have prima facie made out a case for interim order, therefore, this Court was inclined to grant the interim order. However, a suggestion has been given to the Court by both the counsel for the parties that the order of the Regional Level Committee dated 17.10.2024 may be set aside and a direction be issued to the District Inspector of Schools to hold the election of the Committee of Management of the petitioners' college in compliance of the order of the Regional Level Committee dated 12.11.2021.

18. Accordingly, in view of the submissions advanced by both the counsel for the parties, the impugned order dated 17.10.2024 passed by the Regional Level Committee is set aside. The District Inspector of Schools, Moradabad (respondent no.5) is directed to hold fresh election of the Committee of Management of the petitioner's college strictly in compliance with the order of the Regional Level Committee dated 12.11.2021 within a period of three months from the date of production of a certified copy of this order.

19. The writ petition is allowed in terms of the aforesaid orders. Order Date :- 6.1.2025 CS/-