COMMITTEE OF MANAGEMENT OF SWATANTRA BHARAT INTERMEDIATE COLLEGE, SAHAIL, DIST. ETAWAH AND OTHERS Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution challenges two orders-one passed by the District Inspector of School on 11.0.81 (Annexure 10) and the order of the Assistant Registrar, Societies Chits dated 4th of June, 1981 (Annexure 11),

(2.) Two contentions were raised. The main point raised by the learned counsel for the petitioner was that the District Inspector of Schools had no jurisdiction to recognise the rival Committee of Management of Kailash Narain respondent 4, without affording opportunity to petitioner 2 Vishambhar Singh. The said petitioner claimed that be had been elected as the Manager of the Swatantra Bharat Intermediate College, Sahail. district Etawah on 15th June, 19K0 and that he had been functioning in that capacity as such. Sri B. Dixit, learned counsel for respondent 4 disputed that Bishambhar Singh Chauhan and not been elected.

(3.) The question as to whether a meeting, as alleged by the petitioner 2, took place on the date mentioned above or not, need not be gone into in this case. For our purpose, the main question that arises for decision is as to whether the order of the District Inspector of Schools having been passed behind the back of the said petitioner 2, could be sustained. There does not appear to be any dispute between the parties that petitioner 2 had not been given any notice by the D. I. O. S. before passing the order. As before passing the said order, the petitioner 2 was entitled to a notice, the order is in breach of natural justice, and is liable to be quashed.