Rakesh Tiwari, J. - (1.) Heard counsel for the respective parties and perused the record.
(2.) The petitioners have, inter alia, sought quashing of the order dated 18.2.2003, whereby the Regional Committee headed by respondent No. 1 has recalled/stayed its order of recognition of the petitioner-Committee of Management dated 17.1.2002 and referred the matter to the Joint Director of Education, Agra to decide the same under Section 16A (7) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act).
(3.) The case of the petitioners, in brief, is that Shri Tilak Vidyalaya Inter College, Firozabad is a recognised institution governed by the provisions of the Act as well as by the provisions of the U. P. Intermediate Colleges and High Schools (Payment of Salaries of Teachers and other Employees) Act, 1971. The institution has a duly approved Scheme of Administration framed under the Act. The institution is being run and managed by the elected Committee of Management in accordance with the said Scheme of Administration. The term of the Committee of Management has now become four years instead of three years after amendment of the Scheme of Administration w.e.f. 2.12.1997 under the orders of the Regional Deputy Director of Education, Agra. The elections of the Committee of Management are said to have been held from time to time. It is alleged that on 5.1.2002, election of the Committee of Management was held in which one Ashok Kumar Dikshit was elected as the Manager and Uma Shankar Gupta as the President. After election the relevant papers were sent to the District Inspector of Schools for recognition and approval. The District Inspector of Schools forwarded them to the Joint Director of Education who approved and recognised the election on 17.1.2002. The District Inspector of Schools then attested the signatures of the Manager (petitioner No. 2) on 19.1.2002. Respondent No. 4 who is also claiming to be the Manager of the Committee of Management filed a Writ Petition No. 6824 of 2002 challenging the order dated 17.1.2002. Having not obtained any interim order, respondent No. 4 filed another Writ Petition No. 34023 of 2002 for the same relief. However, again he did not get any interim order from this Court. On 30.10.2002 respondent No. 4 submitted a representation/complaint to the Regional Committee against the said election held on 5.1.2002 whereupon the District Inspector of Schools submitted an ex parte report on 30.12.2002 against the petitioner-Committee of Management. On the ex parte report of the District Inspector of Schools, the Joint Director of Education recalled/stayed its order dated 17.1.2002 by the impugned order dated 18.2003. It is this order, which has been challenged by the petitioners in this writ petition.;