COMMITTEE OF MANAGEMENT Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This petition has been filed by the alleged Committee of Management, Sukhnadan Prasad Panday Sarvajanik Intermediate College, alongwith D.P. Insan and Mata Din Mishra, who claim themselves to be the President and the Manger of the Institution. The prayer in the writ petition is for quashing the order dated 26.5.2000 contained in Annexure 1 to the writ petition and also for issue a writ of mandamus commanding the respondents to restrain the opposite parties from interfering in the working of the petitioners 2 and 3 as President and the Manager of the Institution.

(2.) Ram Kripal Pandey has been arrayed as respondent No. 5 who claims himself to be the validly elected President of the Committee of the Management of the college. Sri S.P. Shukla, learned Counsel for the petitioner and the learned Counsel Sri L.P. Mishra, for respondents raised very lengthy arguments in support of their respective claims denying the right of the other party to manage the affairs of the institution. Both the parties have claimed that they are legally elected President and Manager, as such the respective Committee be allowed to act as Manager and the President.

(3.) In the present writ petition the controversy revolves around the order dated 26th May, 2000 passed by the District Inspector of School by means of which he has stayed his earlier order date I 2nd May, 2000 which is contained as Annexure- 2 to the writ petition. By means of order dated 2nd May, 2000 a request has been made to Zila Basic Shiksha Adhikari, Pratapgarh by the Zila Shiksha Adhikari, Pratapgarh that in view of the fact that the elections of the Committee of Management under the supervision of the observer sent by the District Inspector of Schools has been held on 20.2.2000 and in pursuance of that election the signatures of Mata Din Mishra have been attested and verified, the order of single operation which was continuing till then should be recalled by the Zila Basic Shiksha Adhikari, who has passed the said order.