MEWA KUMAR TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Mewa Ram Tiwari against the order dated 23.3.1993 passed by the Prescribed Authority/Sub Divisional Magistrate, Patti, Pratapgarh (hereinafter referred to as 'respondent no.2') with a further prayer that a mandamus be issued to the respondents to allow the petitioner to continue to function as Manager of the School, namely, Rajarshi Tandon Laghu Madhyamik Vidhyalay, Upadhyaypur, Patti, Pratapgarh (hereinafter referred to as 'the School').

(2.) The facts relevant for the decision of the controversy are that the School in question is a recognized Junior High School governed by the provisions of the U.P. Basic Education Act, 1972. The said School is being run by a Society, namely, Rajarshi Tandon Laghu Madhyamik Vidhyalay Samiti, registered in 1968 under the Societies Registration Act. Initially, the School was given temporary recognition for imparting education upto Class 8th, but later on, it was granted permanent recognition in 1972.

(3.) As per the Bye-laws of the Society, a Committee of Management was to be elected by the General Body of the Samiti and under Bye-laws no.6, 7, 8 and 11 of the said Bye-laws, the Committee of Management had a tenure of three years, but the Manager was given the power to dissolve the Committee and to take over all the charge and management of the School in his own hand.