PRAFULLA CHANDRA MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the Petitioner has prayed for issuing a writ of certiorari quashing the order dated 12.10.2009 passed by District Inspector of Schools Basti, by which, the District Inspector of Schools has attested the signature of Sri Satrughan Prasad Pandey (the Respondent No. 4) as a Manager of Committee of Management of Kisan Inter College Rasulpur, Tareta, District Basti (hereinafter referred to as Committee of the College) and withdrawn the order of single operation.

(2.) The facts giving rise to this case are that there is a registered society known as Kisan Ucchattar Madhyamic Vidhayala Samiti Rasulpur, District Basti. The Society runs an Institution known as Kisan Inter College Rasulpur, Tareta District Basti which is imparting education upto Intermediate level and is recognized by the Uttar Pradesh High School and Intermediate Board. The affairs of the Institutions are being managed by scheme of administration duly approved under Section 16-A of the U.P. Intermediate Education Act, 1921.

(3.) It appears an election of office bearers of the Committee of Management of the aforesaid College was held on 28.5.2006 of which one Sri Durga Prasad Pandey was elected as a Manager/Secretary of the Committee of Management. His term was for the period of five years. Sri Durga Prasad Pandey died on 19.6.2007. According to the Petitioner, a meeting of general body of the society as well as the Committee of Management was convened for selecting the Manager for remaining tenure of the Committee of Management on 15.7.2007 in which the present Petitioner was elected as a Manager. It appears the Respondent No. 4 has also come up with the case that he was elected as a Manager on the basis of the election dated 2.8.2007.