- (1.) Heard Sri Ramesh Upadhyaya, learned counsel for the petitioner, Sri P.N. Saxena, learned Senior Advocate assisted by Sri K. Sahi, learned counsel for respondent No. 4 and learned Standing Counsel for State-respondents. This writ petition is directed against a notice issued by the Regional Joint Director of Education dated 6th April, 2002, wherein it has been recorded that amendments in the scheme of administration were got approved from the Regional Joint Director of Education under letter dated 23rd July, 1999. Against the approval so granted, objections have been raised by one Hanumant Singh Tomar in his capacity as the Secretary of the society, which has established the institution and it has been stated that no such resolution was passed by the Committee of Management with the approval of the general body for suggesting the amendments. The Regional Joint Director of Education has, therefore, required the petitioner to appear before him on the date and time fixed along with original records.
(2.) Various issues reflecting upon the fairness of the Regional Joint Director of Education and uncalled for interference in affairs of the Committee of Management by certain political leaders have been alleged in the present writ petitions.
(3.) Nearly 10 years have elapsed since the date of issuance of the impugned notice. There has been change in the office of the Regional Joint Director of Education as well as in the party in-powered. However, since the petitioner has expressed apprehension in respect of a fair order being passed by the officer, this Court feels it just and proper to provide as follows: (a) petitioner must respond to the notice issued within four weeks from today along with a certified copy of this order, (b) it will be open to the petitioner raise all such legal as well as factual objections with regard to the right of Hanumant Singh Tomar or for that purposes of any other person to raise objections to the amended scheme of administration, and to demonstrate before the Regional Joint Director of Education that the petitioner alone is the lawful Committee of Management of the institution with reference to the various judgments delivered by the High Court and to submit that objections of third party are not to be entertained, (c) the Regional Joint Director of Education shall pass a reasoned speaking order dealing with all the objections raised by the petitioner.;