N.D.Ojha, J. - (1.) A Society known as 'Education Society Maltari, Azamgarh,"runs Gandhi Intermediate College, Maltari, Azamgarh. It is stated in the writ petition that an election of Committee of Management was held on 18th May, 1980 and due information in this behalf w as sent to the District Inspector of Schools. No orders were, however, passed by the District Inspector of Schools. A reminder was sent on 26th November, 1980, but the District Inspector of Schools did not pass any order even thereafter. The case of the petitioner is that the Committee of Management of the College having been duly elected was entitled to be given recognition by the District Inspector of Schools for the purpose of the U.P. Intermediate Education Act and the U.P. High School and Intermediate Colleges (Payment of Salaries Teachers and of other Employees) Act, 1971. The writ petition was presented on 27th February, 1981 and on that date it was ordered to be listed for admission after three weeks and the Standing Counsel was required to obtain instructions in the meantime. It has been stated today by the Chief Standing Counsel that no instructions have so far been received. In the absence of any statement to the contrary it is apparent that the application made by the petitioner for recognition of the newly elected Committee of Management has been pending before the District Inspector of Schools new for more than a year and it is accordingly a fit case in which a. writ of mandamus may be issued directing him to decide it without any further delay. We are further of opinion that since no private party has been arrayed in the writ petition and the District Inspector of Schools is the only respondent the writ petition deserves to be finally decided at this very stage in view of second proviso to Rule 2 (i) of Chapter XXII of the Rule of the Court.
(2.) In the result the writ petition succeeds and is allowed and the District Inspector of Schools, Azamgarh, is directed to decide the application made by the petitioner for the recognition of the Committee of Management of the Gandhi Intermediate College, Maltari, Azamgarh said to have been elected on 18th May, 1980, within one month from the date on which a certified copy of this order is produced by the petitioner before him. There shall be no order as to costs. Petition allowed.;