COMMITTEE OF MANAGEMENT SARSWATI LAGHU MADHYAMIK VIDYALAYA AND SARSWATI Vs. YADURAJ SINGH S O LATE BENI MADHAV SINGH

JUDGEMENT

(1.) This is an appeal from an interim order passed by an Hon'ble Judge in aid of a writ application filed by the respondents. The order is dated 20 June, 2005. The effect of the said order is to stay the recognition granted to the present committee of management and as a result thereof, where the impugned order to stand, the District Inspector of Schools would immediately take over the day to day management

(2.) The learned Judge has remarked at the beginning of the order that respondent No. 2, one Smt. Maya Niranjan, appeared to fill two capacities, namely that of Deputy Director of Education as well as that of the Joint Director of Education. However the reason for passing of the drastic order of the- stay is not dearly the filling of two capacities by the same person, which may be unusual but is not in any manner illegal, at least not yet so pronounced even by the learned single Judge, His Lordship was deeply swayed by the fact that two caveat applications appeared to have been filed by the appellant, who is the manager of the committee of management, without having got the order of recognition yet served upon the successful committee. His Lordship then said it is obvious that the order has been passed and dispatched in serious suspicious circumstances as indicated therein above....

(3.) Affidavits were thus called for and because of the suspicion entertained by his Lordship the whole sole order of stay was passed.