Arun Tandon, J. - (1.) Heard Sri Yogesh Kumar Saxena, Advocate on behalf of the petitioner and Standing Counsel on behalf of respondents Nos. 1, 2 and 3. It is not necessan' to issue notice to respondent No. 4 in view of the order proposed to be passed in the present writ petition.
(2.) It is not in dispute that a Division Bench of this Court in Special Appeal No. 272 of 2003, passed an interim order on 22.4.2003, whereby it was directed that "the arrangement for the Management of the Educational Institution in question which was being continued with the concurrence of the concerned Basic Shiksha Adhikari shall continue and further proceedings consequent upon the impugned order shall remain stayed". The said special appeal is still pending and interim order continues to be operative as stated by the petitioners.
(3.) Thereafter on 24.4.2003,' the Basic Shiksha Adhikari passed an order recognizing the Committee of Management headed by Sri Vivek Kumar Mishra as the lawful Committee of Management of the institution and accordingly attested his signature. The said order dated 24.4.2003, passed by the Basic Shiksha Adhikari was challenged by Sri Chandra Shekhar, the present petitioner, by means of Writ Petition No. 21487 of 2003, wherein vide order dated 19.5.2003, this Court granted stay order in favour of the petitioner with a further direction that the Committee of Management which was functioning on 22.4.2004 shall continue to run and manage the affairs of the institution in terms of the order dated 22.4.2004 passed in special appeal.;