ANAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SINCE both these special appeals arise out of the judgment and order dated 3.5.2010 passed by learned Single Judge and the facts are similar in both these special appeals, these are being decided by this common judgment. Special Appeal No. 1270 of 2010 (Anand Singh and another V/s. State of U.P. and others) is being treated as a leading case and its facts are given below.

(2.) THIS special appeal No. 1270 of 2010 has been filed by the appellant respondent namely Anand Singh and Binda Devi Patel against the judgment and order dated 3rd May, 2010, passed by Single Judge in Civil Misc. Writ Petition No. 30472 of 2008, by which the learned Single Judge has quashed the order dated 23.6.2008 passed by the Joint Director of Education holding the election, held by respondent No. 5, Committee of Management, Janta Inter College Kanta, District Chandauli on 25.11.2007, in which the respondent No. 6, Murahu Singh was elected as manager of the institution, as invalid.

(3.) ACCORDING to the petitioners, the D.I.O.S. at the behest of present appellants, Anand singh and Smt. Binda Devi Patel made a recommendation to the Joint Director of Education, Varanasi Region, Varanasi, for taking action against the petitioners under the provisions of the U.P. Act No. 24 of 1971. The Joint Director of Education issued a show-cause notice to the petitioners of which proper reply was given by the petitioners. After considering the reply given by the petitioners, the Joint Director of Education issued an order dated 13.9.2006 directing the D.I.O.S. to decide the matter in the light of reply submitted by the petitioners. The D.I.O.S. then made a recommendation to the Joint Director of Education on 9.1.2007 for superseding the petitioner No. 1, Committee of Management under Section 6 (3) of U.P. Act No. 24 of 1971, whereupon a show-cause notice was again issued to the petitioners by the Joint Director of Education on 2.8.2007. The petitioners then submitted a reply to the show-cause notice vide letter dated 21.8.2007 and another letter dated 25.9.2007. However, the int Director of Education proceeded to pass an order on 29.9.2007 superseding the Petitioner Committee of Management under Section 6 (3) of U.P. Act No. 24 of 1971.