(1.) Leave granted.
(2.) This appeal is filed at the instance of Rajesh Kumar, the appellant herein, challenging the impugned order passed by a learned Judge of the High Court of Uttarakhand at Nainital by which an application for recall of an order dated 16th of October, 2008, directing the respondent No. 3-Additional Director Education to decide the representation filed by the appellant dated 9th of September, 2008 in accordance with law, was allowed and consequent thereupon the writ petition of the appellant was dismissed summarily.
(3.) The election for Committee of Management of Janta Inter College, Majari Gummawala, District Haridwar, of which the appellant is one of the Life Member, was held on 23rd of October, 2005 after due process and procedure followed for the same in which the appellant was declared as Deputy Manager. As some dispute arose with regard to the induction of some forged members in the voters list, the election dated 23rd of October, 2005 was not approved by the respondent No. 4-District Education Officer. Thereafter the Additional District Education Officer (Basic) inducted 35 members in the voters list. Another Life Member, Shri Vijendra Singh, filed a complaint before the respondent No. 3 with regard to the induction of the said 35 forged members in the list of members. On the aforesaid complaint of Vijendra Singh, the respondent No. 4 had investigated the matter and found that there was serious mismanagement which had taken control of the Management of the said College by furnishing false information and there was also monetary irregularities on the part of the present Committee of Management of the College. The appellant made a representation before respondent No. 3 for redressal of his grievances. While finding that such representation was not considered by the concerned authorities, the appellant approached the High Court by filing a writ petition seeking the following relief: