COMMITTEE OF MANAGEMENT KISHAN INTER COLLEGE J P NAGAR Vs. STATE OF U P
LAWS(ALL)-2004-12-173
HIGH COURT OF ALLAHABAD
Decided on December 03,2004

COMMITTEE OF MANAGEMENT, KISHAN INTER COLLEGE, J. P. NAGAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Arun Tandon - (1.) - Heard Sri Irshad Ali on behalf of the petitioner, Sri Anil Bhushan on behalf of respondent No. 5 and learned standing counsel on behalf of respondent Nos. 1 to 4.
(2.) SRI Anil Bhushan, counsel for the respondent No. 5 and Standing Counsel are agree that the writ petition may be disposed of at this stage without calling for a counter-affidavit. Kishan Inter College, Deohadi Wajidpur, District J.P. Nagar is an institution recognized under the provisions of Intermediate Education Act. The said institution run and managed in accordance with the approved scheme of administration. The dispute between the parties with regards to the Committee of Management entitled to manage the institution on the basis of the elections pleaded, was subject matter of consideration before this Court in Writ Petition No. 45055 of 2003. This Court vide judgment and order dated 12th April, 2004, quashed the order dated 22.9.2003, whereby the elections set up by respondent No. 5 namely Chandra Pal Singh were accepted to be legal and valid. The Hon'ble High Court thereafter remanded the matter for decision afresh to the Regional Level Committee. The Regional Level Committee, in compliance of the order passed by this Court, has again approved the elections as set up by the respondent No. 5 namely Chandra Pal Singh dated 1.5.2003 by means of the impugned order dated 10.11.2004. The consequential order passed by the District Inspector of Schools dated 20.11.2004 is also under challenge.
(3.) ON behalf of the petitioner it is contended that the aforesaid order has been passed without affording full and fair opportunity to the petitioner and, therefore, is liable to the set aside. On behalf of the respondent it is contended that repeatedly opportunity of hearing was afforded to the petitioner, but he failed to avail the same. Therefore, the petitioner cannot be permitted to raise an objection on the ground of violation of principles of natural justice.;


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