Arun Tandon, J. - (1.) Heard Sri Sudhakar Pandey, learned Counsel for the petitioner, Sri Vijay Bahadur Singh, Senior Advocate issued by Sri Harish Chandra Singh, learned Counsel for the respondent No. 3 and Sri Piyush Shukla, learned Standing Counsel, for the respondent Nos. 1, 2 and 4.
(2.) Intermediate College, Turapatti Mahuawa, District Kushi Nagar is an institution recognized under the provisions of Intermediate Education Act. The said institution is run and managed in accordance with approved scheme of administration. The Petitioner, Committee of Management through its alleged Manager Sri Pramod Kumar Singh has filed this writ petition against an Order passed by the Joint Director of Education, Gorakhpur, respondent No. 1, dated 27th May, 2004 whereby after revoking the earlier Order dated 27th January, 2002 passed in exercise of power under Section 6 (3) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, he has directed that the respondent-Committee of Management, with Sri Rama Shanker Singh as Manager is restored in office.
(3.) The petitioner claims that the last election of the Committee of Management took place on 22nd June, 1997 in which the petitioner, Promod Kumar Singh was elected as the Manager. The aforesaid elections were recognized by the District Inspector of Schools by means of the Order dated 28th October, 1997, Against the aforesaid Order of the District Inspector of Schools, dated 28th October, 1997. respondent No. 3, Rama Shanker Singh filed Writ Petition No. 38628 of 1997. This Court on 22nd November, 1997 passed an interim Order whereby the financial power of the elected Committee of Management were suspended however, for all other purposes to interference was made in the working of the petitioner, Committee of Management. The District Inspector of Schools accordingly passed an Order dated 3rd December, 1997 permitting the petitioner Committee of Management to function in the institution. Against the said Order of the District Inspector of Schools dated 3rd December, 1997 the respondent No. 3, Rama Shanker Singh filed another Writ Petition No. 38628 of 1999, which was dismissed by this Court on 8th September, 1998. Against the judgment and Order of learned Single Judge passed in the said writ petition dated 8th September, 1998, Sri Rama Shanker Singh preferred an intra Court appeal which was numbered as Special Appeal No. 779 of 1998. The said special appeal was allowed by the Division Bench of this Court vide judgment and Order dated 17th September, 1998 and the matter was remanded for afresh adjudication to the learned Single Judge. (After remand, the said writ petition is being decided by this Court today). During this period Sri Rama Shanker Singh, respondent No. 3 on the basis of his election dated 7th November, 1998 claims himself to have been elected as Manager of the Institution and it is further claimed that the aforesaid election were recognized by the District Inspector of Schools by attesting the signatures of respondent No. 3, Sri Rama Shanker Singh vide its Order dated 7th November, 1998. Subsequently the District Inspector of Schools himself issued a letter dated 21st November, 1998 suiting therein that no such Order dated 7th November, 1998 was issued by his office. However, the Regional Joint Director of Education again passed an Order dated 6th October, 1999 recognizing Sri Rama Shanker Singh as Manager of the institution and as a consequence thereto the District inspector of Schools attested the signatures of the respondent No. 3 as Manager of the institution on 29th November, 1999. Against the aforesaid Order the petitioner filed a petition being Civil Misc. Writ Petition No. 50131 of 1999, In the said writ petition an interim Order was granted by this Court vide Order dated 1st December, 1999 (The said writ petition is also being decided by this Court today). In view of the said facts the petitioner claims to have held fresh elections on 25th June, 2000 in which Pramod Kumar Singh, present petitioner is said to have been elected as Manager afresh.;