Amreshwar Pratap Sahi, J. - (1.) HEARD Sri R.K. Ojha learned Counsel for the Petitioners and Sri P.N. Saxena learned Senior Counsel for the Respondent No. 6 and the learned Standing Counsel for the Respondent Nos. 1 to 5.
(2.) THE dispute relates to the holding of the elections of the Committee of Management of Pt. Jawahar Lal Nehru Inter College, Jaitpur, District Gorakhpur. The matter had earlier engaged the attention of this Court in Writ Petition No. 21348 of 2007 where it was held that the dispute of membership had not been decided in accordance with law and the order passed on 13th April, 2007 by the Joint Director of Education was set aside with a direction to him to decide the dispute in the light of the observations made therein. The judgment dated 10th July, 2009 is Annexure 10 to the writ petition. The parties went up in appeal against the said judgment and the Division Bench while maintaining the said judgment modified the same to the extent that it shall be open to the parties to raise their objections regarding membership before the Joint Director of Education himself who shall examine the same and decide the controversy after giving an appropriate opportunity of hearing. Further directions were also given with regard to the management of the Institution with which the dispute is not presently concerned with.
(3.) AS a consequence of the judgment of this Court dated 10th July, 2009 and by the Division Bench dated 13th July, 2009 the Joint Director of Education appears to have proceeded to decide the dispute under the impugned order dated 5th December, 2009. It is this order which has given rise to the present writ petition.;