COMMITTEE OF MANAGEMENT OF CUTTING MEMORIAL INTER COLLEGE, VARANASI THROUGH ITS MANAGER AND ANOTHER Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY (SECONDARY EDUCATION), U.P.SHASAN, LUCKNOW AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned Standing Counsel.

(2.) PETITIONERS are aggrieved by the order impugned dated 23.3.2010, by which petitioners-Committee of Management has been recognized and a direc­tion to that effect has been issued to attest the signature of petitioner No. 2, but a condition has been put that petitioners will stop running the English Medium School, which is being run in the premises of the institution and will further stop to use the field of the institution for commercial purposes. A further direc­tion has been made that the income will be utilized in the repairs of some por­tion of the building which has become dilapidated.

(3.) LEARNED Counsel for the petitioners submits that while considering the claim of the petitioners-Committee of Management regarding recognition and the attestation of the signature the Regional Level Committee has got no juris­diction and power to pass such order putting a condition after giving recognition to the election of the Committee of Management. If the premises of the institu­tion is being misused or it is not being used in the interest of the institution, then a separate provision has been provided under the Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974. According to peti­tioners, section 4 of the Act is relevant, which is being reproduced below: