Committee of Management of Sri Tilak Vidyaley Inter College, Firozabad and another vs Joint Director of Education, Agra and others

D.K. Seth, J.—The petitioners allege that after attestation of signatures, a rival claim has been lodged by a rival committee. Since the petitioners'' signatures had already been attested and the election was held long before, therefore, there was no scope for raising a dispute by the rival committee, and therefore, the reference u/s 16A (7) is bad.

After having heard learned counsel for the petitioner and learned standing counsel and perusing the records, it appears that the D.I.O.S. has given reasons for the reference. In fact, if such a rival claim is made, fn that event, unless the D.I.O.S. finds the same on the face of it to be baseless, it is incumbent upon him to refer the same u/s 16A (7). Since the D.I.O.S. has not been given any jurisdiction to decide such rival claim and the jurisdiction having been conferred on the Deputy Director of Education u/s 16A (7), it is not expected that the D.I.O.S. should decide the question finally unless he is of the view that the claim is baseless and there is no foundation. In the present case, it seems that the D.I.O.S. having found a prima facie case, thought it proper to refer the same u/s 16A (7). The question is a disputed question of fact which cannot be gone into sitting in the writ jurisdiction. In case such type of petitions are entertained, in that event, this Court will be flooded with unnecessary litigations.

In that view of the matter, I do not find any reason to Interfere with the impugned order contained in Annexure-4. The writ petition falls and is accordingly dismissed. However, it is expected that the reference made by the D.I.O.S. should be decided at the earliest. There will be no order as to costs.