Sudhir Narain, J. - (1.) THE petitioners have sought a. writ of certiorari for quashing the order dated 19th September, 1989, passed by the Basic Shiksha Adhikari, Allahabad and the order dated 20th August, 1990, passed by the Director of Education (Basic), U. Allahabad, respondent no. 2.
(2.) I have heard learned counsel for the parties. The facts in brief ate that the Uttar Pradeshiya Balika Vidyalaya Junior JBigh School, Malak Harhar, Allahabad (hereinafter referred to as the 'Institution') is an Institution recognized as Junior High School. The Institution was founded by a registered Society in the year 1968. The Society was known as 'Harishyam Khadi Gramodyog Seva Sangh (Sabha), Malak Harhar, district Allahabad.' It was registered on 23rd September, 1968. There was a dispute in the Society in the year 1978. Another Society known as 'Harishyam Khadi Gramodyog Sava Samiti' was got registered. The Society, which was registered in the year 1968, also applied to the Registrar Funds, Societies and Chits, deleting the word 'Sangh' and substituting the word 'Sabha' which was allowed by the Assistant Registrar. In the result, two Societtes came into existence. The petitioner No. 1 claimed himself as Manager of the Society which was originally registered in the year 1968 and Ravindra Nath Misra, respondent No. 3, claimed himself as Managing. Secretary of the Society which was registered in the year 1978.
(3.) THE petitioner No. 1 and respondent No. 3 both claimed their rights to manage the Institution. Respondent No. 3 alleged that petitioner No. 1 was earlier Manager of the Institution. He was found to have committed embezzlement of the fund of the Institution and was removed in the month of June, 1975 and after his removal one Sri Bhai Lal was elected as Manager of the Institution. Sri Bhai Lal resigned from the said post which followed the election and respondent No. 3 was elected as Manager of the Institution on 6th June, 1976 and since then he has been continuously elected as Manager of the Institution from , time to time and is still working as such. The petitioner No. 1 claimed that he was Managing Secretary of the Society which was registered in the year 1968 and he has never been removed from the post of Manager and is functioning as a Manager of the Institution. The respondent No. 1 was not recognizing the petitioner as a Manager of the Institution. The petitioner No.1 filed Writ Petition No 5368 of 1981 in which besides other reliefs he claimed that his representation be decided. The said writ petition was disposed of by order dated 13th January, 1988, directing the respondents to decide the representation of the petitioner with the following observations : "It will be open to the petitioner to make fresh representation to the Director of Education if he feels that even till to day the suspension of grant-in-aid has not been considered at all. If such representation is made, then it will be open to the Director of Education to first examine the question as to whether Sri Dubey is a Manager of the Institution and has any locus standi to make a representation. If the representation is made, we have no doubt that the same will be disposed of expeditiously. The writ petition is dismissed summarily.;