COMMITTEE OF MANAGEMENT SRI GANDHI ADARSH INTER COLLEGE LAVEDI Vs. JOINT DIRECTOR OF EDUCATION KANPUR

JUDGEMENT

(1.) Counter and rejoinder affidavits have been exchanged; therefore, with the consent of learned Counsel for the parties, this petition is being finally disposed of at the admission stage in accordance with Rules of Court.

(2.) Heard Sri Ashok Khare, learned Counsel for the petitioners and Sri R. N. Singh, learned Counsel for the contesting respondent No. 4, as well as the learned Standing Counsel on behalf of the respondents Nos. 1 to 3.

(3.) The dispute relates to the validity or otherwise of the elected Committee of Management of Sri Gandhi Adarsh Inter College, Lavedi, Etawah, which is a duly recognised and aided institution. To run the affairs of the institution, there is a Scheme of Administration under which the institution is administered and managed by an elected body compendiously called as Committee of Management, the term of which is 3 years with certain stipulations. It is an admitted fact that the last elections of the members of the Committee of Management and its office bearers were held on 27-6-1995 in which S/Sri Krishna Dutt Tripathi and Ishwar Chand Tewari were respectively elected as President and Manager. The term of the Committee was to expire in June, 1998 It is alleged that on 26-6-1998, members of the Committee of Management were elected and on 8-7-1998 the members of the Committee elected the office bearers. According to the petitioners, S/Sri Shyam Narain Tewari and Ishwar Chand Tewari were elected respectively as President and Manager of the new Committee of Management. The relevant papers were sent to the DIOS on 9-7-1998 DIOS instead of recognising the petitioners' Committee of Management, and attesting the signatures of Ishwar Chand Tewari-petitioner No. 2, recognised the Committee of Management-respondent No. 4, of which Munshi Lal Tewari claims himself to be the Manager. The signatures of Munshi Lal Tewari were attested on 21-7-1998.