COMMITTEE OF MANAGEMENT NAVYUG SHIKSHAN SANSTHAN Vs. STATE OF U P
LAWS(ALL)-2005-2-192
HIGH COURT OF ALLAHABAD
Decided on February 21,2005

COMMITTEE OF MANAGEMENT, NAVYUG SHIKSHAN SANSTHAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Arun Tandon, J. - (1.) Heard Sri G.K. Singh Advocate on behalf of the petitioner and Sri Ashok Khare senior Advocate assisted by Sri W. A. Siddiqui Advocate on behalf of respondents.
(2.) Navyug Shikshan Sansthan, Dariyapur, Chandauli, is a society duly registered under the Societies Registration Act, registration number being 00138/93-94. The said society has its own registered bye-laws. Under bye-law No. 8-La the term of the elected office bearers has been provided as 5 years. The said society has established an institution in the name and style of Nasrat Ali Memorial Inter College, Dariyapur, Chandauli. The institution was granted recognition under the provisions of the Intermediate Education Act by the Madhyamik Shiksha Parishad. A scheme of administration was not approved for the institution either at the time of grant of recognition as Intermediate College or on any date subsequent thereto, as a result whereof the District Inspector of Schools on 5.8.2002 passed an order to the effect that the elections of the Committee of Management in accordance with approved scheme of administration have not been held. Signature of the Manager of the institution have been got attested on the basis of the election held for the office bearers of the society and therefore the attestation is being revoked. It was further directed that the institution must get a scheme of administration prepared and approved from the Regional Joint Director of Education and to get fresh elections for constituting the Committee of Management held accordingly. By-means of another order of the same date the District Inspector of Schools required the Manager and Principal of the institution to get a scheme of administration approved in accordance with the provisions of the Intermediate Education Act failing which the recognition granted to the institution is liable to be withdrawn.
(3.) The aforesaid orders issued by the District Inspector of Schools were challenged before this Court by means of Civil Misc. Writ Petition No. 34680 of 2002 (Saqib Mahmood v. State of U.P. and Ors.). The said writ petition was disposed of at the admission stage itself without interfering with the orders of the District Inspector of Schools dated 5.8.2002 with a direction that the petitioner's claim be considered by the appropriate authority within the time specified in the orders of this Court.;


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