- (1.) HEARD learned counsel for the petitioner and Sri R.P. Upadhyay who had put in appearance in writ petition No. 18461 of 2012 on behalf of a complainant Dharamveer Singh Advocate, whose impleadment application has already been rejected today in the said writ petition. However in the interest of justice, Sri Upadhyay has been heard in terms of Chapter XXII Rule 5A of the Allahabad High Court Rules, 1952.
(2.) THE petitioner Committee of Management was continuing in effective control when an order superseding the Committee under Section 16-D of the U.P. Intermediate Education Act, 1921 came to be passed by the State Government on 28.3.2012. The said order was challenged in Writ Petition No. 18461 of 2012 and the operation of the said order was stayed which has been continued until further orders today as no counter affidavit has been filed by the State therein. The petitioner Committee which was therefore in effective control in the aforesaid circumstances made a request to the District Inspector of Schools for sending an observer in order to hold fresh elections. The District Inspector of Schools, Agra vide his order dated 28th August, 2012 granted permission to the petitioner - institution for holding fresh elections. A copy of the said order is Annexure 7 to the writ petition.
(3.) IT appears that immediately thereafter Mr. Dharamveer Singh Advocate who had filed the impleadment application in the previous writ petition, which has been rejected today, again moved a complaint before the District Inspector of Schools raising a dispute that the petitioner Committee is not authorized to hold elections. The District Inspector of Schools ex-parte to the petitioner without putting him to notice passed the impugned order on 31st August, 2012 withdrawing the earlier permission granted to the petitioner for holding elections. It is this order which is under challenge.;