Committe of Management, Maharaja Agrasen Inter College, Deoria and Others Vs. Regional Deputy Director of Education, Viith Region, Gorakhpur and Others - Court Judgment |
| Election |
| Allahabad High Court |
| Jan-12-2000 |
| Special Appeal Nos. 315 and 274 of 1996 |
| Ravi S. Dhavan and ;Aloke Chakrabarti, JJ. |
| 2000(1)AWC718; (2000)1UPLBEC867 |
| Uttar Pradesh Intermediagte Eduction Act, 1921 - Sections 16A |
| Committe of Management, Maharaja Agrasen Inter College, Deoria and Others |
| Regional Deputy Director of Education, Viith Region, Gorakhpur and Others |
| R.S. Misra, Adv. |
| S.C., ;T.P. Singh, Adv. |
election - management - section 16a of u.p. intermediate education act, 1921 - issue was - who may be in charge of management - three years of tenure have elapsed - state of uncertainty - management cannot continue - held, whoever may be in charge cannot be in office for tenure more than the law prescribes. - .....both the cases. the standing counsel mr. v. n. mishra points out that the cases are otherwise infructuous. he draws attention of the court to the facts noted in the judgment dated 22.11.1995 on writ petition no. 11194 of 1993 out of which present cases arise, initially, both cases had been filed beyond limitation.3. the issue, who may be in charge of the management, has been before the high court several times. while on one circumstance the election was held on 25.12.1994 and prior to this date the other election was on 20.3.1992, the learned judge has recorded that three years of the tenure of the committee of management would have elapsed on 20.3.1995 from the election which was not in issue. a state of uncertainty, in management cannot continue in an educational institution. whoever may be fn charge cannot be in office for a tenure more than the law prescribes : in the present case, three years. in the circumstances, the direction to the authorised controller to proceed and arrange for election is a normality of the situation. not to hold an election, which otherwise the taw provides, would be the abnormality of it.4. both the cases have become infructuous. whoever may be in.....
Ravi S. Dhavan, J.
1. The contention on Special Appeal No. 315 of 1996, Committee oj Management v. Regional Deputy Director of Education VIIh Region, Gorakhpur and others, is that this matter also be connected with another Special Appeal No. 274 of 1996 which is otherwise admitted. It is prayed that this appeal be also admitted.
2. The Court has examined the record of both the cases. The Standing Counsel Mr. V. N. Mishra points out that the cases are otherwise infructuous. He draws attention of the Court to the facts noted in the Judgment dated 22.11.1995 on Writ Petition No. 11194 of 1993 out of which present cases arise, initially, both cases had been filed beyond limitation.
3. The issue, who may be in charge of the management, has been before the High Court several times. While on one circumstance the election was held on 25.12.1994 and prior to this date the other election was on 20.3.1992, the learned Judge has recorded that three years of the tenure of the Committee of Management would have elapsed on 20.3.1995 from the election which was not in issue. A state of uncertainty, in management cannot continue in an educational Institution. Whoever may be fn charge cannot be in office for a tenure more than the law prescribes : in the present case, three years. In the circumstances, the direction to the authorised controller to proceed and arrange for election is a normality of the situation. Not to hold an election, which otherwise the taw provides, would be the abnormality of it.
4. Both the cases have become infructuous. Whoever may be in charge of management, the tenure of office bearers has come to an end. Let the law take its course. Both the appeals are dismissed. No order on costs.