ARUN TANDON, J. - (1.) HEARD Sri S.P. Pandey on behalf of the petitioner and Standing Counsel on behalf of respondent Nos. 1 to 5. It is not necessary to issue notice to respondent Nos. 6 and 7, in view of the order proposed to be passed by this Court.
(2.) COMMITTEE of Management, Mahip Narain Shahi Janta Inter College, Mahabir Chhapara District Gorakhpur through its Manager Rajendra Shahi has filed this writ petition against an order passed by the Joint Director of Education dated 29th July, 2004 in compliance of the decision taken by the Regional Level Committee on the same day. By means of the said order the Committee of Management of the institution has been decided to be illegal and time bared. Prabandh Sanchalak has been appointed in the institution for holding fresh elections of the Committee of Management. On behalf of the petitioner it is contended that the elections of the Committee of Management had taken place on 20th January, 2001 in accordance with the provisions of scheme of administration. It is further stated that all the relevant papers pertaining to aforesaid elections were submitted in the office of the District Inspector of Schools. However, since the Manager, who was elected in the aforesaid elections, was the same person who was continuing as Manager since prior to elections, no formal order for attestation of signature of newly elected Manager was passed by the District Inspector of Schools. It has further been submitted that the term of the Committee of Management is 5 years, as such the elected committee has to continue till the year, 2006.
(3.) THE petitioners were served two notices dated 19th July, 2004 and 20th July, 2004 by the office of District Inspector of Schools seeking certain information with regards to the elections of the Committee of Management which had taken place in the year, 2001 and relevant documents were asked for. The petitioner in compliance of the aforesaid notices submitted all the necessary documents vide letter dated 26th July, 2004 in the office of the District Inspector of Schools.;