LOKENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare Senior Advocate, assisted by Sri S.D. Shukla on behalf of the petitioner, Standing Counsel on behalf of Respondent Nos. 1 to 4 and Sri R.N. Singh Senior Advocate, assisted by Sri G.K. Singh on behalf of Respondent Nos. 5 and 6.

(2.) Vidya Mandir Inter College, Chhaprauli, Baghpat is an institution aided and recognised under the provisions of U.P. Intermediate Education Act. An approved scheme of administration has been enforced in the institution under the order of the Joint Director of Education dated 26.12.1982.

(3.) This writ petition arises out of the order of Regional Level Committee dated 13.9.2004 and the consequential order of the District Inspector of Schools. Baghpat dated 16th September, 2004, whereby it has been held that the election of Sri Iswar Singh as Manager of the Committee of Management cannot be accepted as the same is in violation of Clause 293 of the Education Code. However, the elections of the other office bearers of the Committee of Management, so elected, have been recognised with a condition that so long as fresh elections for the post of Manager is not held, Sri Mange Ram, the Deputy Manager, shall discharge the functions of the Manager of the institution. Against the aforesaid order Writ Petition No. 40122 of 2004 has been filed by Lokendra Kumar and three others with the allegations that the order passed by the Regional Joint Director of Education recognising the elections of other office bearers, is patently illegal.