LAXMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Dispute in this writ petition relates to genuineness of the list of members of the General Body. Petitioners have questioned the order passed by the respondent no. 4 who vide his order dated 1.6.2007 has rejected the list submitted by the petitioners and affirmed the list submitted by the respondent no. 6. Question that fall for consideration in this writ petition is as to whether the District Inspector of Schools (in short DIOS) could examine the validity of the members constituting the General Body of the electoral college of the Society for the election of the Committee of Management.

(2.) The Jawahar Inter College is an Educational Institution (hereinafter referred as 'Institution') which is run and managed by the Committee of Management elected in accordance with the scheme of Administration, which is duly approved by the Director of Education. It is contended by learned counsel for the petitioners that he was elected as Manager of the Institution from 1996-03. Petitioner was elected as Manager on 16.10.2002 which was again subject matter of challenge before the appropriate authority. Regional Committee after examining the rival contention of the parties accorded sanction for recognition of the Managing Committee of the Institution headed by the petitioner. It is from here the litigating process was set in motion at the behest of respondent no. 6. He questioned the order of the Regional Committee. First impediment in the Constitution of this Committee was initiated by the Joint Director who vide his communication dated 16.8.2003 in asking the petitioners to appear before him. This order was questioned by the petitioners in Civil Misc writ Petition No. 34956 of 2003. Appointment of the petitioner as Manager of the Committee was questioned by the respondent no. 6 in Civil Misc Writ Petition No. 34780 of 2003. An order of injunction came to be passed by this Court on 13.8.2003 staying the order dated 25.6.2003 passed by the DIOS in attesting the signature of the petitioners. Special Appeal bearing No. 806 of 2003 was preferred by the petitioners and the Division Bench of this Court directed the learned Single Judge to dispose of both the writ petition. Learned Single Judge vide his order dated 21.11.2006 dismissed both the writ petition as having become infructuous. It seems that one more writ petition was filed by the respondent no. 6 bearing Civil Misc Writ Petition No. 66992 of 2006 which was finally disposed of directing the DIOS to decide the representation of the respondent no. 6 filed on 26.4.2006. This direction of the learned Single Judge was considered by the respondent no. 4 who after inviting objection from both the parties issued the impugned order dated 1.6.2007. It is this order which is subject matter of challenge before this Court.

(3.) During pendency of the present writ petition certain developments have taken place which are referred herein below for adjudication of the present case.