UTTAM NISAD Vs. STATE OF U P

JUDGEMENT

(1.) -Sri Durgaji Inter College Chiotidan, Nai Bazar, Mau is a recognized and aided institution governed by the provision of U. P. Intermediate Education Act, 1921 (U. P. Act No. 24 of 1971). The institution has an old scheme of administration approved by the Deputy Director of Education for its management. Clause 10 of the old scheme of the management provides filling of casual vacancy and Clause 11 empowers the President under the scheme to convene the meeting on the written proposal of 4 members and the procedure with regard to conduct of any meeting under Clause 12.

(2.) THE undisputed election of the Committee of Management took place in the year 2003. In the said election Sri Salik Ram Upadhyaya was elected as President/Manager and the petitioner Sri Uttam Nisad was elected as Vice President whereas the respondent No. 5, Sri Rajendra Prasad Naik was elected as member of the Executive Committee. THE said election was granted recognition by the educational authorities. Clauses 10, 11 and 12 of the old scheme of administration is as under : ...[VERNACULAR TEXT OMMITED]...

(3.) THE contention of the counsel for the petitioner is that notice was issued by Joint Director of Education dated 16.2.2006 to the petitioner as well as respondent No. 5 fixing 22.2.2006 and also directed the D.I.O.S. to submit his report. Both the petitioner as well as respondent No. 5 submitted their written statement before the Joint Director of Education on 27.2.2006. THE petitioner is aggrieved by the fact that though he had also submitted a written statement, no hearing was done by the Joint Director of Education and by the impugned order dated 18.3.2006, he has passed an order granting approval to the Committee of Management with respondent No. 4, Shri Hari Krishna Naik as President and respondent No. 5, Shri Rajendra Prasad Naik as Manager.