Dilip Gupta, J. - (1.) Dilip Gupta, J. The Committee of Managment of Adarsh Bharti Inter college, Kalwa, Aligarh and Gopal Das Garg claiming himself to be its Manager have filed this petition for setting aside the order dated 8th February, 2010 passed by the Regional Level Committee. The petitioners have also sought the quashing of the order dated 2nd December, 2009 passed by the Joint Director of Education as also the consequential order dated 14th December, 2009 passed by the District Inspector of Schools.
(2.) It transpires from the records that the elections of the Committee of Management of the Institution were held on 22nd June, 2005 in which Jang Pal was elected as the President and petitioner No. 2-Gopal Das Garg was elected as the Manager. This election was approved by the Regional Level Committee on 6th January, 2006 and the District Inspector of Schools also attested the signatures of petitioner No. 2 as the Manager of the Committee of Management of the Institution on 19th January, 2006. On 5th April, 2009, the Committee of Management of the Institution passed no confidence motion against the President Jang Pal Singh. On the other hand, Jang Pal Singh claims that a meeting of the Committee of Management of the Institution was held on 19th April, 2009 in which petitioner No. 2 was removed from the post of Manager of the Committee of Management of the Institution.
(3.) The District Inspector of Schools passed an order on 22nd September, 2009 by which the earlier order dated 19th January, 2006 recognising petitioner No. 2 as the Manager of the Committee of Management of the Institution was recalled. This order was challenged by the petitioners in Writ Petition No. 52168 of 2009 which was allowed by the judgment and order dated 8th October, 2009 with the following observations: "Having considered the submissions advanced, the Court is of the opinion that the petitioner has been denied opportunity in the matter and as such it would be appropriate that the matter may be remitted to the District Inspector of Schools, Aligarh for a fresh decision. At this stage it has been submitted by Sri Gupta that he does not expect any kind of fair decision from the District Inspector of Schools, Aligarh (Respondent No. 5) and in this regard the petitioner has also made representation to the Joint Director of Education, Aligarh for transfer of the case to some other District Inspector of Schools of the neighboring districts. In these circumstances it is submitted that this Court may direct that the matter be decided by some other officer other than the respondent No. 5. Sri G.K. Singh has suggested that the matter be heard by the Joint Director of Education, Aligarh himself. Sri Gupta has no objection to this suggestion. Accordingly in view of the discussion made above this petition succeeds and is allowed. The impugned order dated 22.9.2009 passed by the District Inspector of Schools, Aligarh (Annexure No. 11 to the writ petition) is hereby quashed and in view of the agreement expressed by the parties, the matter is remitted to the Joint Director of Education, Aligarh Region, Aligarh to decide the matter afresh strictly in accordance with law after affording due opportunity of hearing to the parties concerned. The Joint Director of Education shall further make an endeavour to decide the matter within a period of two months from the date of production of a certified copy of this order. It is further provided, on the consent of the learned counsel for the parties, that both the parties shall appear before the Joint Director of Education, Aligarh Region, Aligarh on 22.10.2009. Certified copy of this order may be presented before the Joint Director of Education, Aligarh Region, Aligarh even before the said date by either of the parties. Petition is allowed as above.";