- (1.) In this writ petition a prayer has been made for an order or direction in the nature of certiorari quashing the plaint and all proceedings in original suit No.230 of 94, Sri Sweatambar S. Thanakwasi Jain Samiti and others v. Regional Dy. Director of Education, Agra Region, Agra. Further a writ, order or direction has been prayed for quashing the orders dated 4-4-94 and 5-4-94 passed by the IIIrd Addl. Civil Judge, Agra, respondent No.1 (Annexures 20 and 23 to the writ petition). There is an additional prayer to restrain respondent No.1, i.e. Addl. Civil Judge, Agra from taking any further proceedings in original suit No.230 of 94 aforesaid.
(2.) The committee of management of Sri Ratan Muni Jain Inter College, Loha Mandi, Agra, through its Manager Sri Moti Lal Jain (Petitioner No.1) and Sri Moti Lal Jain (Petitioner No.2) have filed this petition for the reliefs aforesaid. Respondent No.5 is Sweatambar Sthanakwasi Jain Samiti, Loha Mandi, Agra and Sri Kamal Kumar Jain has been arrayed as respondent No.6. He claims to be Manager of the Institution namely, Sri Ratan Muni Jain Inter College, Loha Mandi, Agra.
(3.) The said Institution is owned and managed by respondent No.5 through the committee of management for over a decade under a scheme of administration approved by respondents 2 and 3. The last election of the committee of management was held on 21-6-1991, in which the committee or management when Sri Vinai Kumar Patni was elected as a President and Sri Moti Lal Jain, petitioner No.2 was elected as Manager. This election was approved by the District Inspector of Schools (D. I. O. S. in short), on 22- 6-91. On that date, he attested the signature of Sri Moti Lal Jain as Manager and ever since Sri Moti Lal Jain is heading of committee of management and is managing the affairs of the school.;