PAWAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court.-This Appeal has been preferred by the Manager of a Committee of Management of D.A.V. Inter College, Tateri, Baghpat, which is an institution recognized and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the regulations framed there under.

(2.) THE dispute relates to the holding of office by the Appellant as Manager, who has been acknowledged as such upon the recognition granted to the elections of the Committee of Management by the District Inspector of Schools vide order dated 21.6.2010. THE objection taken by the respondent Nos.4 to 7 - petitioners before the learned single Judge while assailing the order of the District Inspector of Schools was that the appellant is ineligible to hold the office of Manager in view of the specific bar contained in Regulation 5 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act. THE learned single Judge allowed the writ petition and quashed the order dated 21.6.2010. Hence this Appeal.

(3.) LEARNED counsel for the Respondent Nos.4 to 7 contends that the fact that the appellant is working as a Teacher in the State of Delhi being not disputed, the appellant is disqualified as he is a Teacher within the meaning of the Regulations and, therefore, the order impugned does not deserve any interference. It is further contended that even otherwise the matter can be examined in terms of public policy as well that a Teacher should not be allowed to function as a Manager as he would not have time to devote himself to the institution.