LAWS(ALL)-2012-7-80

DISTRICT BULANDSHAHA Vs. STATE OF U P

Decided On July 18, 2012
DISTRICT BULANDSHAHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri Vinod Sinha, learned counsel for the petitioner, the learned Standing Counsel for the respondents 1 and 2, and Sri Ashok Khare, learned Senior Counsel for the respondents 3 and 4.

(2.) THE petitioner-Indrajeet Singh claiming himself to be the Manager of the Institution has come up questioning the correctness of the order of the District Inspector of Schools dated 9th July, 2012 whereby the alleged No-Confidence Motion against the petitioner dated 30th October, 2011 has been accepted and the resolution removing him as a member of the General Body has been found to be valid.

(3.) SRI Sinha for the petitioner has raised three submissions. Firstly, that the respondent no. 4-Amar Singh who was the Vice President of the Committee of Management was not authorized to convene the meeting of the Committee of Management in absence of the President. He has relied on the provisions of Clause 11 of the Scheme of Administration where it is prescribed that the Manager with the consent of the President shall call a meeting and in case this is not done then any six members of the Committee can requisition such a meeting which shall be held with the prior permission of the District Inspector of Schools. Sri Sinha submits that the convening of the meeting itself was invalid and therefore the same is vitiated.