Dilip Gupta, J. - (1.) The Committee of Management Karm Kshetra Inter College, Etawah and Devi Prasad Patel claiming himself to be the Manager of the Committee of Management of the Institution have filed this petition for setting aside the order dated 12th January, 2010 passed by the District Inspector of Schools, Etawah by which he has referred the claims of rival Committee of Managements of the Institution regarding the elections held in November, 2009 to the Regional Committee and has also ordered that since there is no elected Committee of Management, the salary account of the Institution shall be operated by single operation under the provisions of Section 5(1) of the UP. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the 'Act').
(2.) A perusal of the writ petition indicates that for the election of the Committee of Management of the Intermediate College which were to be held in November, 2009, three Committee of Managements placed their papers before the District Inspector of Schools. It is the case of the petitioners that they, held their elections on 1 st November, 2009 while it is the case of the rival Committee of Management that the elections in which Sri Krishna Kumar Verma was elected as the Manager were held on 8th November, 2009. Sri Ramesh Chandra Verma also claimed that the elections were held,
(3.) The District Inspector of Schools has found as a fact that there is a legal impediment in deciding the dispute and in terms of the Government Order dated 21st November, 2008 has thought it fit to refer the dispute to the Regional Committee.;