COMMITTEE OF MANAGEMENT SRI RAMESHWAR PRASAD BALIKA HIGHER SECONDARY Vs. JOINT DIRECTOR OF EDUCATION AZAMGARH REGION AZAMGARH RECOGNITION COMMITTEE

JUDGEMENT

(1.) Heard Sri D.S.M. Tripathi, learned Counsel for the petitioners, Sri Sudhakar Pandey, learned Counsel for the respondent No. 5 and Sri Piyush Shukla, learned Standing Counsel for the State-respondents.

(2.) Sri Rameshwar Prasad Girls Higher Secondary School, Rasra, Ballia is an aided and recognized institution under the provisions of Intermediate Education Act. The said institution is run and managed by a Committee of Management of the society duly elected in accordance with approved scheme of administration.

(3.) Sri Jai Prakash Singh on the basis of elections said to have taken place on 5.11.2000 in the presence of an observer appointed by the District Inspector of Schools, set up a claim for being recognized as the Manager of the Institution and for the said purpose he approached this Court by means of Civil Misc. Writ Petition No. 24654 of 2001. The writ petition so filed was allowed with a direction upon the District Inspector of Schools, Ballia to decide the representation of the petitioner-Committee of Management dated 15.12.2000, whereby they prayed for recognition of the election held on 5.11.2000 within time specified. Another Civil Misc. Writ Petition No. 8929 of 2003 was filed by one Sri Narendar Kumar Srivastava (present petitioner) in his capacity as Manager of the institution on the basis of elections alleged to have taken place on 20.1.2002. The aforesaid writ petition so filed by rival claimant Sri Narendara Kumar Srivastava was disposed of with a direction upon the District Inspector of Schools to take appropriate steps and if necessary forward the papers of the election to the competent authority within a period of two months from the date of production of a certified copy of the order. By means of the impugned order dated 29.3.2003 the District Inspector of Schools has recognized the elections of the Committee of Management, which have taken place on 5.11.2000 and has accordingly attested the signatures of the elected Manager Smt. Urmila Devi. It is against the aforesaid order of the District Inspector of Schools dated 29.3.2003, that the present writ petition has been filed.