LAWS(ALL)-2004-11-29

COMMITTEE OF MANAGEMENT SRI BALWANT SHAHID INTER COLLEGE Vs. JOINT DIRECTOR OF EDUCATION KANPUR REGION

Decided On November 18, 2004
COMMITTEE OF MANAGEMENT, SRI BALWANT SHAHID INTER COLLEGE, THROUGH ITS MANAGER Appellant
V/S
JOINT DIRECTOR OF EDUCATION, KANPUR REGION. Respondents

JUDGEMENT

(1.) Heard Pt. Dharam Narain Dubey, learned Counsel for the petitioners, Sri Y.K. Saxena, learned Counsel for the respondent Nos. 4 and 5 and Sri Piyush Shukla, learned Standing Counsel for the respondent Nos. 1 to 3.

(2.) The alleged Committee of Management of Sri Balwant Shahid Inter College, Nagariya Yadwan, Etawah, through its Manager Yogendra Singh and its Chairman, Sri Laxman Kumar Sharma has filed this writ petition against the Order passed by the Regional Level Committee dated 19th June, 2004 and the consequential Order passed in pursuance thereof by the District Inspector of Schools, dated 21st June, 2004, (Annexure Nos. 1 and 2 respectively to the writ petition), whereby the elections set up by the respondent Nos. 4 and 5, namely, Sri Kitab Shree and Vishambhar Dayal have been recognized and the signatures of Sri Kitab Shree, respondent No. 4 have been attested as Manager of the Institution.

(3.) On behalf of the petitioner it is contended that the elections recognized under the impugned Order have not taken place merely certain papers were transmitted by the outgoing Committee of Management for establishing the elections. The Regional Level Committee had passed the impugned Order dated 19th June, 2004 recognizing the said forged and fabricated elections pleaded by the respondent Nos. 4 and 5 and in pursuance of the Order of Regional Level Committee the District Inspector of Schools has attested the signatures of the respondent No. 4 as Manager of the Institution. Even otherwise tile Order passed by the Regional Level Committee contains absolutely no reasons and as such cannot be legally sustained.