DAYANAND VEDIC HINDI VIDYALAYA Vs. EDUCATION INSPECTOR

JUDGEMENT

(1.) RULE in both the petitions. With the consent of parties heard forthwith.

(2.) BOTH these petitions are filed by the petitioners a registered Public Trust through its Secretary Shri Umesh Pratap Singh. In Writ Petition No.1498 of 2009, the petitioners impugn the order dated 14th November, 2008 whereby the Educational Inspector, Respondent No.1 held that a legal Managing Committee and School Committee are not in existence and as such approval cannot be granted to the seven teachers whose names are listed in the communication being Shri Hakim R. Singh, Shri Ajit Kumar Singh, Shri Manoj Kumar Singh, Shri Shravan Kumar R. Gupta, Shri Jagdish C. Sigh, Shri Yogendra Pratap Singh and Shri Neeraj Jangbahadur Singh. The first six are purported to have been appointed on 9th September, 2000 and the seventh on 16th June, 2008. It was mentioned therein that change report No. 2185/08, 1272/87, 1771/07 and 1770/06 are on the board of the Deputy Charity Commissioner and Change Report No.1168 of 2005 and 905 of 2004 are on the Board of Assistant Charity Commissioner are still pending for decision with consequential relief to accept the proposal of the seven teachers forwarded vide letter dated 26th May, 2008.

(3.) IT may be noted that on rejection of the change report for the years 1995 to 1997 by order of 3rd February, 1999 a five Member Ad hoc Committee was appointed by the learned Assistant Charity Commissioner. Elections were held on 20th March, 1999 and the Mithailal group filed Change Report No.ACC II/2214//99. By order dated 10th June, 1999 the Assistant Charity Commissioner prohibited Mithailal group to act as Trustees till change report was decided. On 10th September, 1999 one C.K. Singh filed an application being No.4270 of 1999 whereby an ad hoc arrangement of appointing 17 members came to be allowed. However, on 16th September, 1999 the Assistant Charity Commissioner stayed the said arrangement, on an order passed on an application filed by the Agrawal group. C.K.Singh filed an application on 20th September, 1999 to vacate the stay order dated 16th September, 1999. The said application r bearing No.4270 of 1999 was rejected on 12th November, 1999.