COMMITTEE OF MANAGEMENT SRI RAMESHWAR PRASAD GIRLS HIGHER SECONDARY SCHOOL RASRA BALLIA Vs. STATE OF U P

JUDGEMENT

(1.) -THE present special appeal has been filed against the judgment and order dated 13. 5. 2008 passed by the learned Single Judge in Civil Misc. Writ Petition No. 23973 of 2008. Sri Rameshwar Prasad Girls Higher Secondary School, Rasra, District Ballia, is an institution recognized under the provisions of the U. P. Intermediate Education Act, 1921. The Committee of Management of the institution is constituted in accordance with the approved scheme of administration. Rival set of elections were set up by the contesting parties. Petitioners pleaded elections of the year 2003 and 2006 while respondent No. 5 claimed to have held elections of the Committee of Management on 16. 1. 2005.

(2.) THE matter came up before this Court in Civil Misc. Writ Petition No. 25442 of 2007. The said writ petition was allowed by the judgment and order dated 25. 5. 2007 subject to the observations made in the said order. Relevant portion of the said order is reproduced below : "let the Regional Level Committee re-examine the legality of the elections pleaded by the parties afresh after affording opportunity of hearing to the parties concerned and after permitting exchange of documents, strictly in accordance with law, by means of a reasoned speaking order, preferably within six weeks from the date a certified copy of this order is filed before the Regional Joint Director of Education who is the Chairman of the Regional Level Committee. This Court may clarify that no unnecessary adjournment shall be granted to any of the parties. The present writ petition is allowed subject to the observations made above. "

(3.) PURSUANT to the said order dated 25. 5. 2007, the Regional Level Committee re-examined the matter and passed a detailed order dated 8. 2. 2008 whereby the election held by the respondent No. 5 on 16. 1. 2005 was declared to be legal and valid.