Dilip Gupta, J. - (1.) THE petitioner has sought the quashing of the order dated 6th May, 2010 passed by the District Basic Education Officer, Maharajganj (Annexure -11 to the writ petition) by which he has withdrawn the order of single operation of the salary account of the Institution and has attested the signatures of Nandini Devi as the Manager of the Committee of Management of the Institution. The petitioner has also sought the quashing of the order dated 5th May, 2010 passed by the District Basic Education Officer (Annexure -11 -A to the writ petition) by which he has approved the election of Nandini Devi as Manager of the Committee of Management of the Institution for the remaining term.
(2.) DHARMENDRA Kumar Janta Laghu Madhyamik Vidyalaya Madhoganj, District Maharajganj (hereinafter referred to as the 'Institution') is an educational Institution up to the Junior High School level and is recognized under the Basic Education Act. The petitioner claims to have been elected as the Manager of the Committee of Management of the Institution in 1982 and thereafter. It is asserted that in the last undisputed election of the Committee of Management held on 24th February, 1996, the petitioner was again elected as the Manager and his signatures were also attested by the District Basic Education Officer. It is also asserted that the Headmaster of the Institution late Ram Nawal Yadav manipulated forged recognition of the petitioner and set up his wife Durgawati Devi as the Manager in place of the petitioner and the District Basic Education Officer also attested her signatures. The petitioner filed Original Suit No. 1067 of 1996 in which temporary injunction was granted in favour of the petitioner and the District Basic Education Officer thereafter again attested the signatures of the petitioner as Manager by the order dated 26th December, 1996. Durgawati Devi filed Writ Petition No. 23712 of 1997 to challenge the order passed by the District Basic Education Officer attesting the signatures of the petitioner as Manager, but during the pendency of the writ petition, an order dated 17th October, 1998 was passed by the District Basic Education Officer again attesting the signatures of Durgawati Devi as Manager as a result of which the petitioner filed Writ Petition No. 35398 of 1998 in which an interim order was passed by the Court on 9th November, 1998 that Durgawati Devi may function as Caretaker Manager only and shall not take any policy decision and shall not make any appointment in the Institution.
(3.) THE Assistant Registrar, Firm, Societies & Chits, in the meantime, registered the list of office bearers of the Committee of Management of the Society in which the petitioner was elected as the Manager against which Durgawati Devi filed Writ Petition No. 8127 of 2001.;