ARUN TANDON,J. - (1.) HEARD Sri Gajendra Pratap Advocate on behalf of the petitioner, Sri Ashok Khare Senior advocate, assisted by Sri S. D. Shukla Advocate, on behalf of respondent No.2 and 4, Standing counsel on behalf of the other respondents.
(2.) SHRI Arya Mahila Hitkarini Mahaparishad Lahurabir, Varansi is a society duly registered under the Societies Registration Act. Petitioner No.1 claims himself to be the life member of the said society. The said society has established amongst other a recognized Intermediate College known as Arya Mahila Inter College. The said institution is recognized under the provisions of the Intermediate Education Act, 1921 and has an approved scheme of administration which regulates the constitution of the Committee of Management for managing the said institution. A dispute with regard to the Committee of Management of the institution was subject matter of consideration before this Court in Writ Petition No.55866 of 2004, whereunder an order dated 2nd December, 2004, passed by the Joint Director of Education cancelling the recognition granted to Committee of Management with Sri Satya Narayan Pandey (respondent No.4 in the present writ petition) was revoked and Prabandh Sanchalak was appointed. The writ petition was allowed vide judgment and order dated 16.2.2005 and Regional Joint Director of Education was directed to reconsider the matter after affording opportunity of hearing to the parties concerned. As a consequent to the aforesaid order, the Committee of Management which was recognized earlier (with Sri Satya Narayan Pandey as Manager) was put in control of the affairs of the institution. The present petitioner Sri Krishna Tiwari at that stage filed Writ Petition No.38802 of 2005 with the allegations that the Regional Level Committee is not proceeding to decide the matter as remanded, for the reasons which were stated in the petition. This Court, without entering into the controversy raised by the petitioner, by means of the order dated 12.5.2005 required the Regional Level Committee to dispose of the matter by 31st May, 2005.
(3.) IN pursuance to the aforesaid direction of this Court, the Regional Level Committee, as per the decision communicated under letter of the Joint Director of Education dated 30.5.2005, came to a conclusion that the Committee of Management with Sri Satya Narayan Pandey as Manager has been validly elected and therefore the earlier order of the Regional Joint Director of Education dated 2.12.2004 recognizing the said Committee of Management was reaffirmed and it was directed that the said Committee of Management would continue to function as lawful management of the institution. This decision of the Regional Level Committee is under challenge in the present writ petition.;