C/M SAMAJWADI INTER COLLEGE GABHIRAN AND ANR. Vs. STATE OF U.P. THROUGH SECRETARY SECONDARY EDU. AND ORS.

JUDGEMENT

(1.) Present special appeal has been filed against the judgment and order dated 2nd April, 2010 passed by the learned single Judge, whereby the writ petition preferred by the Committee of Management, Samajwadi Inter College, Gabhiran, Jaunpur through its Manager Sri Ram Prasad Singh and another challenging the order dated 25th /28th March, 2009 passed by the District Inspector of Schools as also the order dated 9th February, 2009 passed by the Prabandh Sanchalak was allowed and the aforementioned two orders were set aside by the learned single Judge. The writ Petitioners have also filed cross objections seeking certain modifications in the impugned judgment and order passed by the learned single Judge. Their prayer is to set aside the direction given by the learned single Judge to the District Inspector of Schools, Jaunpur to pass a fresh order. Further a mandamus be issued commanding the Joint Director of Education, Varanasi Region, Varanasi to appoint Prabandh Sanchalak to take over the Committee of Management of the Institution namely, Samajwadi Inter College, Babhiram, District Jaunpur and to proceed to hold election of the Committee of Management on the basis of list of members finalized vide order dated 15.10.2008 within a time bound period.

(2.) As both the contesting parties have challenged the order passed by the learned single Judge on the question which has been decided against them, the entire matter has to be decided denovo in these proceedings.

(3.) Briefly stated the facts giving rise to the present appeal are as follows: