COMMITTEE OF MANAGEMENT Vs. STATE OF U P

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.) There is an institution in the name of Cutting Memorial Inter College, Varanasi, which is a recognized and aided institution governed by the provisions of the U.P. Intermediate Education Act. The last election of the Committee of Management was held on 28.6.2009. The papers were submitted to the District Inspector of Schools for approving the election and attesting the signature of the Petitioners-Committee of Management. It appears that somebody has made a complaint regarding misusing the property of the Petitioners-institution. On that basis the matter was referred to the Regional Level Committee for deciding the dispute for the purposes of attestation of the signature and recognition. According to Petitioners, the complaint made before the Regional Level Committee was not relating to putting a rival claim, but one Sri K.K. Upadhyaya, claiming himself to be the President of Lok Chetna Samajik Sanstha has put a complaint before the Regional Level Committee that the field of the institution meant for sports is being used for performing the marriages after taking a handsome amount by the institution. Further, complaint was made that an English Medium School is being run in the premises of said institution without any authority of law. The said complaint was entertained and it appears that without giving any notice to the Petitioners regarding the aforesaid complaint the matter was investigated at their own level and the Regional Level Committee has taken into consideration the facts of the complaint as stated by Mr. Upadhyaya.