DESH DEEPAK SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) This intra court appeal is directed against the judgment and order dated 9.12.2005 passed by learned Single Judge in Civil Misc. Writ Petition No. 32932 of 2004; Ajay Singh Vs. State of UP and others whereby the writ petition has been allowed and the respondents have been directed to hold fresh selection in accordance with law for the appointment on the post of Lecturer in Mathematics in the Institution.

(2.) The facts giving rise to the dispute are as under:

(3.) It is pertinent to point out at this stage that there was a dispute with respect to the committee of management of the institution in question between two groups. The petitioner-appellant set up an election said to have have been held in March, 2003 on the basis whereby he claimed to be the Manager of the committee of management. However, an authorized controller was appointed to manage the affairs of the institution. The dispute travelled to this court in the form of Civil Misc. Writ Petition Nos. 437 of 2003 and 30714 of 2003. Writ Petition No. 437 of 2003 was filed challenging the order dated 20.12.2002 passed by the Joint Director of Education appointing an authorized controller with a direction to hold election of the committee of management within three months, whereas Writ Petition No. 30710 of 2003 was filed for quashing the order dated 29.5.2003 passed by the Regional Level Committee granting recognition to the election of the committee of management set up by petitioner-respondent Ajay Singh and also for quashing the order dated 20.6.2003 passed by the DIOS whereby the signatures of petitioner-respondent Ajay Singh were attested as the Manager of the committee of management vide judgment and order dated 27.2.2006.