COMMITTEE OF MANAGEMENT ISLAMIA JUNIOR HIGH SCHOOLCOMMITTEE OF Vs. JOINT DIRECTOR OF EDUCATIONSTATE OF UTTAR PRADESH

JUDGEMENT

(1.) There is a School known as Islamia Junior High School Deputy Ganj, Moradabad (the School). Three persons and claims to be the manager of the committee of Management. Zahid parvej claiming to manager in pursuance of election held by the authorised controller on 27th October 1998. Sri Moin uddin Ahmad claiming be the manager on the basis of election held on 26th September 1997. Sri Masrooruddin Ahmad claiming to be the Manager on the basis of election held on 30th November 19%. These four writ petitions have been filed by these persons alleging themselves to manager of the committee of management for different reliefs. It is for this reason they are being disposed of together.

(2.) The Deputy Director of Education appointed the authorised controller on 28th August 1995. The authorised controller issued notices dated 15-10-1998 to hold election. Sri Moin Uddin filed a Writ Petition No. 34175 of 1998 against this notice issued by the authorised controller to hold election in which an interim order was passed that the election may be held but the charge may not be given without the permission of the Court.

(3.) Subsequently Sri Masroor Uddin Ahmad filed Writ Petition No. 6571 of 1999 with the prayer to remove the authorised controller and to recognise his Committee of Management for which, according to him, election was held on 30th November 1996. In this writ petition he also annexed a copy of his representation dated 31st August 1996 given to Regional Joint Director of Education 12th Ragion, Moradabad. In this writ petition this Court passed an interim order directing the Regional Joint Director of Education, 12th Region, Moradabad to decide the representation of Sri Masroor Uddin. It is in pursuance of direction issued in this writ petition that Regional Joint Director of Education 12th Region, Moradabad has passed the present impugned order on 16th July, 1999 in which he has set aside the three elections which are alleged to have been conducted by the aforesaid three persons. Sri Zahir Parvej has filed Writ Petition No. 39849 of 1999 and Sri Moin Uddin has filed Writ Petition No. 39912 of 1999 challenging this order of the Regional Joint Director of Education dated 16th July, 1999.