TAPTEJ SINGH SAINI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner before this Court seeks quashing of the order of the District Inspector of Schools dated 12.3.2012 (Annexure-12 to the writ petition). Facts in short giving rise to the present petition are as follows:

(2.) Elections of the Committee of Management of the institution were directed to be held under the judgment and order of the single Judge dated 12.10.2007 passed in Civil Misc. Writ Petition No. 22431 of 2006. Elections took place on 30.5.2011 wherein Balram Singh Oberoi was elected as President and Kulwantjeet Singh Gill was elected as Manager. The District Inspector of Schools granted recognition to the alleged elections on 6.6.2011 by attesting the signatures of Kulwantjeet Singh Gill as the Manager.

(3.) A complaint was made before the District Inspector of Schools that Kulwantjeet Singh Gill was involved in criminal cases and is a history sheeter, therefore, he is not entitled to function as the manager or to be the member of the General Body as per the provisions of the Scheme of Administration. Complaint made by the petitioner in that regard went unheard, therefore, he filed Civil Misc. Writ Petition No. 42343 of 2011. The writ petition was dismissed after recording that the challenge in the writ petition is to the eligibility of respondent No. 4 to hold the office of the Manager and to be a member of the General Body of the Committee of Management, under the provisions of the scheme of administration the matter at the first instance is to be referred to the President of the Committee of Management and against the order of the President, an appeal before the District Inspector of Schools is provided. Accordingly, the High Court dismissed the writ petition with liberty to the petitioner to get the issue of disqualification examined by the President of the Committee of Management at the first instance. The petitioner is stated to have filed a complaint before the President. Such complaint was decided under the order dated 14.1.2012. The President of the Committee of Management disposed of the representation of the petitioner by directing that a meeting of the Committee of Management be convened and the illegalities committed by the Manager during his tenure be got examined and thereafter appropriate action may be taken. Further, that having regard to the criminal cases which were pending against Kulwantjeet Singh Gill, he may not be removed from the office of the Manager but he be suspended. It was ordered accordingly.