- (1.) Heard Sri Ashok Khare, learned Senior Counsel and Sri Irshad Ali for the Petitioners, Sri M.A. Qadeer, learned Senior Counsel for the Respondent No. 5 and the learned Standing Counsel for the Respondent Nos. 1 to 4.
(2.) Learned Standing Counsel has not filed any counter affidavit in spite of the pendency of the writ petition for the past seven years and in spite of the fact that time had been granted to the State to file a counter affidavit. A counter affidavit has been filed by the Respondent No. 5 and a rejoinder affidavit in reply to the same has also been filed on behalf of the Petitioners. Learned Counsel including the learned Standing Counsel have advanced their submissions on the issues raised and have agreed that the matter be disposed of finally without awaiting any further affidavits. Accordingly, the writ petition is disposed of with the consent of the parties in accordance with the Rules of the Court.
(3.) The Petitioner-Committee has come up before this Court assailing the order of the Respondent No. 3-Regional Joint Director of Education dated 25th October, 2004 contending that the said order proceeds on erroneous assumptions with regard to the tenure of the Committee of Management and further there was no occasion for the Regional Joint Director of Education to have treated the Committee of Management to have become defunct on the basis of such assumption. Hence, the impugned order deserves to be quashed.;