Arun Tandon, J. - (1.) Heard Sri Ashok Khare, senior advocate, assisted by Sri S.D. Shukla, and Sri Rajesh Rai, learned counsel for the petitioners, Sri Ravi Kant, senior advocate, assisted by Sri Manoj Kumar Pandey, learned counsel for the respondent Nos. 4 and 5 and learned standing counsel for the respondent Nos. 1 to 3.
(2.) There is a registered society in the name style of Hari Shyam Khadi Gram Udyog Sewa Sabha, Malak Harhar, Allahabad, under the Societies Registration Act. The said society has set up a Junior High School in the name style of Uttar Pradeshiya Balika Junior High School, Malak Harhar, Allahabad.
(3.) Under the judgment and order of this Court dated 22nd April, 2004 passed in Civil Misc. Writ Petition No. 8577 of 1994, Shri Ashtahbhuja Prasad Dubey and Ors. v. Zila Basic Shiksha Adhikari, Allahabad and Ors.), the dispute with regard to the claim of rival parties to manage the institution, was remanded to be decided afresh in the light of the judgment and order passed by this Court dated 21st September, 1993 in Civil Misc. Writ Petition No. 20957 of 1990. This Court had further directed that while deciding the question as to which of the society is entitled to manage the institution, the Zila Basic Shiksha Adhikari shall take into consideration all the necessary facts including control over the finance of the institution, control over the teachers and staff of the institution, recognition of the office bearers by the educational authorities etc.;