Hon'ble Sanjay Misra, J. - (1.) HEARD Sri Arvind Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri P.N. Saxena, assisted by Sri T.N. Tiwari, learned counsel for the Respondent No. 4.
(2.) THE petitioners had initially filed this writ petition assailing the order dated 15/5/2004 passed by the District Inspector of Schools whereby he had attested the signature of Respondent No. 4 as Manager of the committee of Management of Owais Kami Makhdum Inter College Lar, district Deoria and Ayesha Rasheed Girls Higher Secondary School Lar, district Deoria. Subsequently, the petitioners have amended the writ petition and assailed the order dated 31.5.2007 whereby the Regional Level Committee under the Chairmanship of Joint Director of Education, Gorakhpur Mandal has approved the election dated 14.5.2004 and directed the District Inspectors of Schools to attest the signature of the Respondent No. 4. Counter and rejoinder affidavits have been exchanged between the parties.
(3.) SRI Arvind SRIvastava at the outset has rightly submitted that the attestation granted by the District Inspector of Schools by the impugned order dated 15.5.2004 was incorrect inasmuch as it first required the approval of the Regional Level Committee and hence it is illegal. He has submitted that the Regional Level Committee by the order dated 31/5/2007 has clearly recorded that the approval is being granted to the Committee of Management of the Respondent No. 4 for the reason that there is no objection by any persons against the election of the Respondent No. 4. According to Sri Arvind Srivastava the petitioners are members of the general body of the Society and the aforesaid order of the Regional Level Committee was not known to the petitioners who came to know about it after making an application under the Right to Information Act. He submits that the petitioners had objection to the aforesaid election and hence they were entitled to be given an opportunity to place their objection before the Regional Level Committee and that opportunity has not been given hence the impugned decision dated 31.5.2007 of the Regional Level Committee requires to be set aside.;