COMMITTEE OF MANAGEMENT SHER MOHD NATIONAL INTER COLLEGE MACHHTI GHARIPUR Vs. DISTRICT INSPECTOR OF SCHOOLS GHAZIPUR AND 0RS

JUDGEMENT

(1.) A. B. Srivastava, J. The controversy in this writ petition is a short one, whether there was in existence a dispute, on account of two rival committees claiming authority to manage the educational institution, called Sher Mohd. National Inter College, Machhti, district Ghazipurand if so, the act of the D. I. O. S. , Ghazipur, respondent No. 1 in recognising the committee headed by the respondent No. 2 Mohd. Farooq Khanand attestation of his signature is without juris diction.

(2.) PLEADINGS having been exchanged between the parties, this petition is being finally disposed of at admission stage in ac cordance with Rules of the Court.

(3.) IT would also be borne out in this case from the perusal of Annexure 11 to the with petition which is a letter dated 8. 7. 1996 and Annexure C. A. 17 letter dated 19. 7. 1996 that a rival claim had been laid before the D. I. O. S. by the petitioner No. 2 well before 15. 7. 1996. Thus in these cir cumstances, the D. D. E. and not he, had the jurisdiction to decide the question of recog nition. Consequently, the impugned order of the D. I. O. S. being without jurisdiction is unsustainable.