JUDGEMENT
Dilip Gupta, J. -
(1.) The Committee of Management of Imamul Madaris
Inter College, Amroha through its Manager Alamdar Husain has filed this petition
for quashing the order dated 19th July, 2005 passed by the Joint Director of
Education, the order dated 23rd July, 2004 passed by the District Inspector of
Schools and the resolutions of the Committee of Management taken in the
meetings held on 19th July, 2002 and 18th July, 2004.
(2.) Imamul Madaris Inter College, Amroha, District J.P. Nagar is an Intermediate
College recognized under the provisions of the U.P. Intermediate Education Act,
1921. It is minority Institution which is run by the Imamul Madaris Society, Amroha
(hereinafter referred to as the 'Society'). It has its own Scheme of Administration.
(3.) In the last undisputed elections of the Committee of Management of the
Institution held on 19th May, 1996, Shahenshan Ali was elected as the President
and Haider Raza was elected as the Manager. There is a dispute amongst the
parties as to whether the term of the Committee of Management was increased
from three years to five years. It is the case of the respondent-Committee of
Management that the General Body of the Institution on 18th April, 1999 resolved
to extend the term of the Committee of Management from 3 years to 5 years and
the said resolution was approved by the Joint Director of Education by the order
dated 15th May, 1999 but by the order dated 22nd October, 1999, the Joint Director
of Education recalled the said order dated 15th May, 1999. Subsequently, the
District Inspector of Schools by the order dated 26th October, 1999 granted approval
to the elections of the Committee of Management of the Institution in which Alamdar Husain was elected as the Manager. These orders dated 22nd October, 1999 and
26th October, 1999 were challenged by the Committee of Management of the Institution
through Haider Raza as the Manager in Writ Petition No. 51584 of 1999.;
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