A.P. Sahi, J. - (1.) THIS petition questions the correctness of the order dated 31.1.2011 passed by the District Inspector of Schools, Kannauj, whereby he has rejected the contention of the Petitioner - Naubat Singh and has attested the signatures of the Respondent - Peshkar Singh as Manager of the institution.
(2.) THE dispute relates to the Committee of Management of Bhartiya Inter College, Nitanandpur, Kannauj. The institution is managed by a Committee constituted under the Scheme of Administration framed under the provisions of Section 16 -A of the U.P. Intermediate Education Act, 1921. The undisputed elections, according to the Petitioner, were held on 20.4.2007 in which the Respondent No. 6 was elected as Manager and the Petitioner was elected as Deputy Manager. This fact that the said elections are undisputed has been categorically admitted in paragraph No. 8 of the writ petition. A rival claim was set up by one Mahendra Singh Yadav claiming that his elections are valid. The elections of Mahendra Singh Yadav are alleged to be dated 8.4.2007 whereas the claim of the committee of which the Respondent No. 6 is the Manager and Petitioner No. 2 was elected as Deputy Manager was held on 13.5.2007.
(3.) THE District Inspector of Schools proceeded to pass an order on 11.6.2007 attesting the signatures of Mahendra Singh Yadav. This was assailed in Writ Petition No. 61030 of 2007 by the Respondent - Peshkar Singh. Needless to mention that the Petitioner is the Deputy Manager in the same Committee in which Peshkar Singh was claiming himself to be the Manager. The District Inspector of Schools passed another order on 4.6.2008 attesting the signature of Peshkar Singh as Manager of the Committee of Management on the ground that the Deputy Registrar, Firms, Societies & Chits, has passed an order on 21.5.2008 holding that Peshkar Singh is the Secretary of the parent Society registered under the Societies Registration Act, 1860, which has established the institution. This order of the District Inspector of Schools was challenged by Mahendra Singh Yadav in Writ Petition No. 31330 of 2008. Both these writ petitions were heard together and the order dated 11.6.2007 and 4.6.2008 passed by the District Inspector of Schools were quashed with a direction that the matter shall now be decided by the Regional Level Committee.;