- (1.) THE petitioner no. 1 in this writ petition is a Committee of Management of a recognised educational institution, namely, Krishak Inter College, Kothi Khidmatpur, District Jyotiba Phule Nagar, whereas petitioner nos. 2 and 3 claim themselves to be Manager and President of the Committee of Management respectively. They have preferred this writ petition for issuance of a writ of certiorari quashing the order dated 25th March, 2011 passed by the Regional Level Committee, the respondent no.
(2.) , whereby it has recognised the election held by the respondent nos. 5 and 6 on 02nd January, 2011, and also the consequential order dated 28th March, 2011 passed by the District Inspector of Schools, Jyotiba Phule Nagar, the respondent no. 4, attesting the signature of Sri Samar Pal Singh as Manager of the Institution. 2. The essential facts are that Krishak Educational Society, Kothi Khidmatpur, Jyotiba Phule Nagar (for short, "the Society") is a Society registered under the provisions of the Societies Registration Act, 1860 (Act 21 of 1860) (for short, "the Act, 1860"). It has established an educational institution, namely, Krishak Inter College, Kothi Khidmatpur, District Jyotiba Phule Nagar (for short, "the Institution"). In the Institution education is imparted upto the level of Standard -XII. The Institution is recognised by the Board of High School and Intermediate Education, Uttar Pradesh (for short, "the Board"). It receives aid out of the State fund. The affairs of the Institution are administered by a Committee of Management in terms of the Scheme of Administration approved under Section 16 -A of the Intermediate Education Act, 1921. The Institution is governed under the provisions of the Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. It is a common ground that the last undisputed election of Committee of Management of the Institution was held on 11th December, 2005, wherein respondent no. 6 Sri Salag Singh was elected as Manager and one Sri Jagpal Singh was elected as President. Said election, which was held on the basis of electoral roll consisting of 28 members, was recognised by the Regional Level Committee vide its order dated 29/30th December, 2005. Consequent upon, the District Inspector of Schools attested the signature of Sri Salag Singh as Manager vide order dated 03rd January, 2006.
(3.) DISSATISFIED with the decision of the Regional Level Committee dated 29/30th December, 2005, a writ petition, being Writ -C No. 59654 of 2006 (Krishak Educational Society, Kothi Khidmatpur, Jyotiba Phule Nagar and others v. Govt. of State of U.P. and others) was filed by 8 members, who claim themselves to be Life Members of the Society. The petitioner nos. 2 and 3 in this writ petition are also petitioners in that writ petition. In the said writ petition no interim order was passed by this Court.;