COMMITTEE OF MANAGEMENT IMAMUL MADARIS INTER COLLEGE Vs. STATE OF U P
LAWS(ALL)-2010-1-11
HIGH COURT OF ALLAHABAD
Decided on January 13,2010

COMMITTEE OF MANAGEMENT, IMAMUL MADARIS (I.M.) INTER COLLEGE, AMROHA, DISTT. J.P. NAGAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

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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