S.K. Mookerji, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos, 1 and 2 and Sri D.P. Singh for respondent No. 3.
(2.) This writ petition has been filed by the Committee of Management of Amarnath Uchtar Madhyamik Vidyalaya, Ballia through Sri Mahendra Singh who claims himself to be the Manager, challenging the order dated 29-3-1993 a copy whereof is Annexure-4 to the writ petition.
(3.) It appears that by an order dated 30-1-1993, Annexure-2 to the writ petition, the Deputy Director of Education appointed a Prabandh Sanchalak on the basis that the Committee of Management has outlived its life (KALATEET). Thereafter, the order dated 30-1-1993 was challenged by means of a writ petition in this Court. This writ petition was disposed of, as narrated in Paragraph 5 of the writ petition, by Hon'ble Vijay Bahuguna, J. on 10-2-1993. This writ petition was filed by respondent No. 3, Sri Keshav Prasad Singh who alleges himself to be the Manager of the Committee of Management of the above institution. The order dated 10-2-1993 referred to above, is quoted below : "Heard counsel for the petitioner, the Standing Counsel and Sri V.K. Shukla counsel for the caveator Mahendra Singh. By means of the present petition under Article 226 of the Constitution the petitioner is challenging the order of the Deputy Director of Education dated 30th January, 1993 (Annexure-7 to the writ petition). By means of the impugned order the Deputy Director of Education has appointed a Prabandh Sanchalak to manage the affairs of the institution, as according to him the term of the Committee of Management has expired The petitioner places reliance on Annexure-5 to the writ petition, dated 25-2-1991, which is a matter from the office of the District Inspector of Schools, Ballia, recognising the election of the petitioner. Counsel for the caveator submits that there is no record available in the office of the District Inspector of Schools, Ballia with regard to the election that is alleged to have taken place on 17-1-1991. The petitioner states that the impugned order has been passed without affording an opportunity of hearing to him. The same is also apparent from a reading of the impugned order." It is thus in the interest of justice that the Deputy Director of Education provides an opportunity of hearing to the petitioner and Sri Mahendra Singh and thereafter passes an order within a period of 15 days from the date of certified copy of this order is placed before him. The order of the Deputy Director of Education shall not be given effect to till the matter is decided by him afresh. However, in the meantime, the salary account of the institution shall be operated by the District Inspector of Schools. With the aforesaid directions, the petition is disposed of finally. Let a certified copy of this order be given to the learned counsel for the petitioner on payment of usual charges within 3 days.;