COMMITTEE OF MANAGEMENT Vs. STATE OF U.P.

JUDGEMENT

(1.) I have heard Sri Vinod Sinha, learned counsel for the petitioner, Sri P.N. Saxena, learned Senior Advocate assisted by Sri K.C. Shukla, learned counsel appearing for respondent no. 4 and learned Standing Counsel appearing for respondents no. 1 to 3.

(2.) THIS writ petition has been filed against the orders dated 06.08.09 passed by the Regional Committee, Meerut region Meerut and the order dated 24.06.09 passed by the Joint Director of Education, Meerut region Meerut. Vide order dated 06.08.09 the Regional Committee had derecognized the election of the Committee of Management, Intermediate College, Kakod, district Bulandshahr pursuant to the election dated 22.12.08. Through this election, the petitioner was elected as a Manager of Committee. While passing this order a direction was also issued for holding fresh election of the Committee of Management within a period of two months by the Authorised Controller of the Institution. Whereas by order dated 24.06.09 the Joint Director of Education has appointed Authorised Controller in the said institution on the recommendation of District Inspector of Schools, Bulandshahr dated 08.06.09.

(3.) AGGRIEVED by this order the respondent no. 4 has filed a Special Appeal No.719/09 which was dismissed by this Court on 15.05.09 and the writ petition was allowed by quashing the order dated 14.03.09 passed by the District Inspector of Schools withdrawing the recognition/approval of the petitioner's election. While dismissing the appeal, however, this Court has directed the Regional Committee to consider the application of respondent no. 4 for recalling the order dated 03.01.09.